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NY N019393




November 27, 2007

CLA-2-37:OT:RR:NC:N2:235

CATEGORY: CLASSIFICATION

TARIFF NO.: 3707.90.3290

Mr. Bob Forbes
R.O.E. Logistics
660 Bridge Street
Montreal, Quebec
H3K 3K9

RE: The tariff classification of Toner from Japan

Dear Mr. Forbes:

In your letter dated November 02, 2007, on behalf of Densigraphix Kopi Inc., you requested a tariff classification ruling. The samples which you submitted were examined and disposed of.

The merchandise consists of black toner powder for use in photo-copiers. The toner will be imported in 2-liter plastic bottles in bulk quantities, and is ready for retail sale as imported. It will be shipped to the United States directly from Japan. In some instances, you state that the product will be shipped into Canada and then transported into the United States. As per our telephone conversation, and follow up email received, the 2-liter plastic bottles contain no moving parts.

The applicable subheading for the toner will be 3707.90.3290, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: "Chemical preparations for photographic uses (other than varnishes, glues, adhesives and similar preparations); unmixed products for photographic uses, put up in measured portions or put up for retail sale in a form ready for use: Other: Chemical preparations for photographic uses: Other: Other." The rate of duty will be 6.5 percent as 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 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 Paul Hodgkiss at 646-733-3046.

Sincerely,

Robert B. Swierupski
Director,

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