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NY I81178




May 20, 2002

CLA-2-84:RR:NC:1:110 I81178

CATEGORY: CLASSIFICATION

TARIFF NO.: 8472.90.8000

Mr. John M. Peterson
Neville Peterson LLP
80 Broad Street – 34th Floor
New York, New York 10004

RE: The tariff classification of the Xerox iGen3 Print Engine from Japan and the Netherlands

Dear Mr. Peterson:

In your letter dated April 22, 2002, you requested a tariff classification ruling on behalf of your client, Xerox Corporation, Rochester, New York.

The merchandise is described as the iGen3 Print Engine. Descriptive literature was submitted with your request. The iGen3 is a high-speed color laser digital production press designed to meet the needs of commercial printers in the graphic arts industry. The iGen3 required the development of a new imaging system, new approaches to paper transport, and new control systems. Its quality and variety rivals offset printing. It is designed for short run, print on demand, fast turnaround, variable information printing. The iGen3 produces graphic arts quality printing. It is capable of producing 6,000 four-color (A4/letter) single-sided impressions per hour and can print on mixed stock at rated speed. The iGen3 with SmartPress Imaging Technology represents a dramatic improvement in dry ink printing. Single-pass printing allows the image to be assembled on a carrier and transferred to the page in one step. This produces quality color-to-color and image-to-paper registration. It can be networked through the CreoScitex front-end print server. The iGen3 is modular in design. It will be offered for sale to customers “custom configured” with various accessories (i.e. paper feeders, sorters, stapler-stackers, CreoScitex SCX Color Server, Print Station User Interface (Sun Microsystems PC with Xerox proprietary software), etc.). It does not incorporate a scanner.

This ruling concerns the classification of the “print engine” component of the product. It will not be imported with the CreoScitex SCX Color Server, Print Station User Interface or the various optional finishing units. While the print engine is unfinished and not fully functional in its imported condition, it is the print engine which provides the essential character to the iGen3 digital press under GRI 2(a).

In HQ 965051, Customs classified a digital printer that was designed for short run on demand printing, desktop publishing, and the printing of manuals, booklets, and graphics. Its market was centralized reprographics departments and print for pay shops. Customs precluded this printer from classification in heading 8471 as an ADP unit by Chapter 84, Note 5(E). Short run digital on demand printing is considered a specific function other than data processing.

The applicable subheading for the Xerox iGen3 Print Engine will be 8472.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for “[o]ther office machines[p]rinting machines other than those of heading 8443 or 8471.” 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 S. Kaplan at 646-773-3016.

Sincerely,

Robert B. Swierupski
Director,

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