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NY 863161

May 15, 1991

CLA-2-85:S:N:N1:109 863161


TARIFF NO.: 8517.90.8000

Mr. John G. Rohan
Konica Business Machines U.S.A., Inc.
500 Day Hill Road
Windsor, CT 06095

RE: The tariff classification of FAX 810L toner set from Japan.

Dear Mr. Rohan:

In your letter dated May 8, 1991, you requested a tariff classification ruling.

The FAX 810L toner set consists of individual components which are necessary to maintain the FAX 810L plain paper facsimile machine. The set consists of the following articles:

1. The toner unit is the part of the machine that holds the toner cartridge. It has a cleaning roller which appears to clean the drum in the facsimile machine. The unit also has gears which distribute the toner evenly over the surface. The value of the toner unit is six times the value of the toner cartridges. The toner unit is provided for in subheading 8517.90.8000, HTS.

2. Three toner cartridges - The toner in these cartridges is similar to photocopier toner. The toner is provided for in subheading 3707.90.30, HTS, which provides for "Other chemical preparations for photographic use.

3. Three toner collecting bottles,

4. Fuser cleaner,

5. Toner cleaner

6. cleaning paper, and

7. Packing

For classification purposes, these kits may be considered "goods put up in sets for retail sale" as defined for purposes of General Rule of Interpretation 3 (b). Based on our examination of the goods, the relative value of the components, and the role of each component in relation to the use of the goods it is our opinion that the essential character of the set is that of parts of facsimile machines.

The applicable subheading for the FAX 810L toner set will be 8517.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Other parts of telegraph apparatus. The rate of duty will be 4.7 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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