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NY L87953




February 8, 2006

CLA-2-32:RR:NC:2:236 L87953

CATEGORY: CLASSIFICATION

TARIFF NO.: 3215.90.5000; 3824.90.9190

Mr. Brian Lindman
Jagged Peak, Ltd.
2701 N. Rocky Point Dr., Suite 1250
Tampa, FL 33607

RE: The tariff classification of four (4) inkjet inks, for use in computer printer cartridges, and cartridge cleaning fluid, for use in cleaning ink cartridges used in computer printers, from the United Kingdom

Dear Mr. Lindman:

In your letter dated August 23, 2005, resubmitted on September 21, 2005, you requested a tariff classification ruling.

According to Lab Report No. NY20051586, the first product, referred to as Black Universal Ink, consists of a black, aqueous solution, put up in 60 mL bottles, composed in part of black coloring matter (<4.7% by weight), diethylene glycol, and propan-2-ol.

According to Lab Report No. NY20051587, the second product, referred to as Cyan Universal Ink, consists of a dark-blue, aqueous solution, put up in 60 mL bottles, composed in part of synthetic, organic coloring matter (2.7% by weight, shown as “C.I. Direct Blue 199” on the MSDS sheets), diethylene glycol, 2-(2-butoxyethoxy) ethanol, and 2-pyrrolidinone.

According to Lab Report No. NY20051588, the third product, referred to as Yellow Universal Ink, consists of a red, aqueous solution, put up in 60 mL bottles, composed in part of synthetic, organic coloring matter (~4.2% by weight), diethylene glycol, 2-(2-butoxyethoxy) ethanol, and 2-pyrrolidinone.

According to Lab Report No. NY20051589, the fourth product, referred to as Magenta Universal Ink, consists of a reddish-purple, aqueous solution, put up in 60 mL bottles, composed in part of reddish-purple coloring matter (<1% by weight), diethylene glycol, 2-(2-butoxyethoxy) ethanol, and 2-pyrrolidinone.

According to Lab Report No. NY20051590, the fifth product, referred to as Cartridge Flush/Print Head Cleaner, consists of a light-purple, aqueous solution composed in part of 2-butoxyethanol and 2-phenoxyethanol. We agree with the laboratory’s opinion that “the coloring matter in the product has no function other than to identify the product, and the concentration of the coloring matter is too small for the sample to be considered coloring matter or an ink.”

You state in your letter that, subsequent to importation, the ink bottles will be assembled into kits for retail sale, with each kit containing, inter alia, six bottles of ink (2-black, 1-red, 1-cyan, 1-yellow, 1-magenta).

The applicable subheading for the four (4) inkjet inks will be 3215.90.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Printing ink, writing or drawing ink and other inks, whether or not concentrated or solid: Other: Other.” The rate of duty will be 1.8 percent ad valorem.

The applicable subheading for the Cartridge Flush/Print Head Cleaner will be 3824.90.9190, HTSUS, which provides for “Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Other: Other.” The rate of duty will be 5 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency. You may contact them at 401 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404, or EPA Region II at (212) 637-3526.

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 Debra Wholey at 646-733-3034.

Sincerely,

Robert B. Swierupski

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