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HQ 083459


March 23, 1990

CLA-2 CO:R:C:G 083459 CRS

CATEGORY: CLASSIFICATION

TARIFF NO.: 9009.90.0030; 9902.90.90; 5911.90.0000

Mr. John Montoya
Import/Export Specialist
Canon U.S.A., Inc.
One Canon Plaza
Lake Success, NY 11042-1113

RE: Photocopier Machinery Parts

Dear Mr. Montoya:

This is in reply to your letter, dated December 5, 1988, to our New York office, in which you requested a ruling concerning the classification of photocopier parts under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Samples were submitted with your request.

FACTS:

The four articles in question are parts of photocopier machinery. Two are cleaning felts (part nos. FG1-2377 and FG1- 4595), the third is a cleaning belt (part no. FF1-2538, FAS-8908, FY7-0085), while the fourth is a document feed ribbed belt (FA2- 3600).

The first three parts are components of the fixing assembly unit. Their function is to come into contact with the roller and thereby lubricate and clean its surface. The fourth part, the ribbed belt, is used in the automatic document feeder to supply paper to, and remove it from, the machine's surface.

The two cleaning felts measure nine inches in length, are fastened to molded plastic "arms" of roughly the same length, and are made from nomex, a nylon-based, aramid fiber. The cleaning belt is attached at both ends to aluminum shafts measuring 12 inches in length, and is also made from nomex. The ribbed belt is made from tetron, a polyester fabric. A ridge or rib of urethane rubber one-eighth of an inch wide runs lengthwise along the belt.

ISSUE:

Whether the articles in question are classifiable as photocopier parts of heading 9009, HTSUSA, or as textile belting and textile articles for technical uses of heading 5911, HTSUSA?

LAW AND ANALYSIS:

Articles are classified in the HTSUSA according to the General Rules of Interpretation (GRIs). GRI 1 provides that the classification of articles is to be determined according to the terms of the headings and any relative section or chapter notes.

Heading 9009, HTSUSA, covers photocopying apparatus and parts and accessories thereof. While heading 9009 would therefore appear to include the articles in question, Note 1(a), Chapter 90, HTSUSA, excludes articles of textile material of a kind used in machines or for technical uses (heading 5911) from classification in Chapter 90. Thus if any of the articles in question are covered by heading 5911, they cannot be classified as parts of photocopying apparatus of heading 9009.

Heading 5911, HTSUSA, covers textile products and articles for technical uses which do not fall into any other headings of section XI. Pursuant to Note 7, Chapter 59, these include:

(b) Textile articles (other than those of headings 5908 to 5910) of a kind used for technical purposes (for example, textile fabrics and felts, endless or fitted with linking devices, of a kind used in papermaking or similar machines (for example, for pulp or asbestos-cement), gaskets, washers, polishing disks and other machinery parts).

The cleaning felts and cleaning belt are designed to lubricate and clean the surface of a photocopier machine roller. Customs is therefore of the opinion that they are textile articles for technical purposes of heading 5911 as defined by Note 7(b), Chapter 59. Consequently, they are excluded from heading 9009 by virtue of Note 1(a), Chapter 90, and instead are classifiable in heading 5911.

Note 2, Chapter 90, provides in pertinent part that:

Subject to note 1 above, parts and accessories for machines, apparatus, instruments or articles of this chapter are to be classified according to the following rules:

(b) Other parts and accessories, if suitable for use solely or principally with a particular kind of machine, instrument or apparatus, or with a number of machines, instruments or apparatus of the same heading...are to be classified with the machines, instruments or apparatus of that kind.

Customs does not consider the document feed belt to be ejusdem generis with the articles referred to in Note 7(b), Chapter 59. Since the document feed ribbed belt is not a textile article of a kind used for technical purposes of heading 5911, it is not excluded by Note 1(a), Chapter 90, and consequently, is classifiable in heading 9009 pursuant to Note 2(b), Chapter 90.

HOLDING:

The document feed belt is classifiable in subheading 9009.90.0030 under the provision for parts and accessories, parts and accessories of electrostatic photocopying apparatus operating by reproducing the original image via an intermediate onto the copy (indirect process) and are dutiable at 3.9 percent ad valorem. However, articles classifiable in this subheading are subject to a temporary modification in duty under subchapter II, Chapter 99. Heading 9902.90.90, HTSUSA, provides that parts of elecrostatic copying machines which operate via an intermediate process are free of duty if entered on or before December 31, 1990.

The cleaning belt (FF1-2538, FAS-8908, FY7-0085), and the two cleaning felts (FG1-2377; FG1-4595), are classifiable in subheading 5911.90.0000 under a provision for textile products and articles, for technical uses..., other, and are dutiable at a rate of 7.5 percent ad valorem.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,


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