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NY K88050




August 23, 2004
CLA-2-84:RR:NC:1:110 K88050

CATEGORY: CLASSIFICATION

TARIFF NO.: 8473.40.8000

Ms. Lara A. Austrins
Rodriguez O’Donnell Ross Fuerst Gonzalez & Williams, P.C. 20 North Wacker Drive, Suite 1416
Chicago, IL 60606

RE: The tariff classification of a toner cartridge from Taiwan.

Dear Ms. Austrins:

In your letter dated July 27, 2004, on behalf of your client Toyo Color America, L.L.C. you requested a tariff classification ruling.

The merchandise under consideration is a toner cartridge, Model Number XDPT-135. A sample without toner was provided with your ruling request and will be returned to you. This cartridge is imported filled with toner and consists of a triangular shaped molded plastic container with each side measuring approximately 14 inches and is 4 inches deep. A molded handle is affixed to one side with a rectangular opening at the peak. A removable cover over the opening prevents any toner from escaping prior to installation into a machine. The configuration of this cartridge precludes its use in any machines other than the machines for which it is specifically designed. Specifically, this cartridge is used in the Xerox family of DocuTech™ electrostatic copiers and/or printers. It is designed to remain in the machine and supply toner for printing/copying until the toner has been depleted. It is the main source for delivering toner to the machines.

The Xerox DocuTech™ Production Publisher printing systems that use this toner cartridge are model numbers 135, 6100, 6180 and 6135. The DocuTech™ Production systems are digital high speed production laser printing/copying systems with large paper storage capacity. They are for high quality black and white finished documents produced in short time frames. These printers process prints in PostScript, PCL and TIFF documents 96 to 135 pages per minute and at a sharp 600 DPI (dots per inch). They use Sun Sunblade™ 1000 with Solaris Operating System with 1GB of main memory. Standard in-line finishing features including stitching, thermal tape binding and in line options including booklet making, covers insertion and perfect binding. The Xerox family of DocuTech™ Production Publishers offers networking feature options that include industry standard LAN support for Novell SPX/IPX, TCP/IP and EtherTalk. Production publishers of this type of digital printing/copying machines are typically classified under heading 8472 of Harmonized Tariff Schedule of the United States (HTS).

Classification of parts is determined by Legal Note 2 to Section XVI, HTS, which states “Subject to note 1 to this section, note 1 to chapter 84 and to note 1 to chapter 85, parts of machinesare to be classified according to the following rules:

Parts which are goods included in any of the headings of chapters 84 and 85are in all cases to be classified in their respective headings;

Other parts, if suitable for use solely or principally with a particular kind of machine, or with a number of machines of the same headingare to be classified with the machines of that kindas appropriate.

All other parts are to be classified in heading 8409, 8431, 8448, 8466, 8473, 8503, 8522, 8529 or 8538 as appropriate or, failing that, in heading 8485 or 8548.”

Noting Legal Note 2(b) to Section XVI of the HTS, these toner cartridges are designed and principally used with machines of heading 8472.

The applicable subheading for the Toyo toner cartridge Model No. XDPT-135 will be 8473.40.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Parts and accessoriessuitable for use solely or principally with machines of headings 8469 to 8472: Parts and accessories of the machines of heading 8472: Parts and accessories of the goods of subheading 8472.90.80.” The general 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 646-733-3016.

Sincerely,

Robert B. Swierupski
Director,

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