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NY F81284




December 28, 1999

CLA-2-84:RR:NC:1:110 F81284

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.60.6200

Ms. Sandra Liss Friedman
Barnes, Richardson & Colburn
475 Park Avenue South
New York, N.Y. 10016

RE: The tariff classification of a model MFC 9600 multifunctional center from China.

Dear Ms. Friedman:

In your letter dated December 10, 1999, on behalf of Brother International Corporation, you requested a tariff classification ruling.

The merchandise under consideration involves a Brother model MFC 9600 multifunctional center that is basically a multifunction digital printing center. The MFC 9600 is capable of performing six separate functions, most of which focus on the unit's laser print engine. The unit is capable of monochrome printing, plain paper faxing, flatbed copying as well as sheet feeder copying, color scanning, and color video capture and black & white printing of video captures.

The MFC 9600 will be imported with a standard bi-directional Centronics printer port that can be connected to any IBM compatible computer with an included bi-directional parallel printer cable. It also comes equipped with a USB port, but without a USB cable. The MFC 9600 comes with driver software to allow printing from Windows 3.x, Windows 95/98, Windows NT Workstation 4.0, and iMac/G3 network software. This device will also be imported with a software bundle, including optical character recognition, internet and PC faxing, and image manipulation software recorded on compact discs, which will be classified separately from the machine itself as indicated in Legal Note 6 to chapter 85 HTS.

The MFC 9600 is capable of monochrome printing at up to 600 x 600 dpi resolution, which is competitive with the latest stand alone monochrome laser printers on the market. The machine can hold up to 250 pages in its paper tray, and can handle up to fifty pages at a time in its document feeder.

The MFC 9600's print engine prints at a speed of up to 12 pages per minute (ppm.). Similarly, when used as a copier, the MFC 9600 will produce copies at a speed of 12 ppm . In its imported condition, the MFC 9600 will incorporate the media transport, control and print mechanisms, although the toner cartridge must be installed by the end user.

Most of the functions of the MFC 9600 are dependent upon the connection of the unit to a personal computer (PC) for complete functionality. As an example, the scanner and video capture functions depend primarily on software running on a PC to operate. The PC fax function requires a connection to a PC to operate. Although the MFC 9600 is specifically designed to be attached to a PC, it is capable of operating by itself.

The Brother model MFC 9600 multifunctional center is a composite good that appears to have the "essential character" of a digital laser printer noting GRI-3(b), and Legal Note 5(B) to Chapter 84 of the HTS. Although this machine is capable of several different functions, the main functions of the unit are dependent upon, and subsidiary to the print engine. As previously noted, the toner cartridge for the MFC 9600 will be installed by the end user. Similar multifunctional printers were the subject of NY Ruling Letters E80009 and NY E86203.

The applicable subheading for the Brother model MFC 9600 multifunctional digital printing center imported without the toner cartridge will be 8471.60.6200, Harmonized Tariff Schedule of the United States (HTS), which provides for other laser printers. The rate of duty will be free.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Eileen Kaplan at 212-637-7019.

Sincerely,

Robert B. Swierupski
Director,

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