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NY 817804

January 11, 1996

CLA-2-90:RR:NC:MA:110 817804


TARIFF NO.: 9009.90.5000

Mr. Tash T. Nomiya
"K" Line Air Service (U.S.A.) Inc.
550 N. Nash Street
El Segundo, CA. 90245

RE: The tariff classification of a photocopier belt from Japan.

Dear Mr. Nomiya:

In your letter dated December 22, 1995, on behalf of Ricoh Electronics Inc., you requested a tariff classification ruling.

The merchandise under consideration involves a Flat Belt, which is known as a Duplex Belt. The purpose of this belt is to facilitate the transport of paper through a unit within an electrostatic copier's duplex unit. It is composed of a core polyester urethane rubber coating.

Chapter 90, Legal Note 1(a) of the Harmonized Tariff Schedules (HTS), was not deemed to apply for a rubber document conveyance belt (HRL 088316) and a textile document feed belt (HRL 087932). The photocopier document feed belts were classified in heading 9009 pursuant to Note 2(b), of Chapter 90. This chapter note directs that subject to the provisions of Note 1, parts and accessories suitable for use solely or principally with a particular kind of machine are to be classified with the machines of that kind.

It appears that this belt is not a power transmission belt, and therefore not within the scope of anti-dumping. You should request a scope ruling from the Commerce Department to determine the applicability of Anti-Dumping Case A-588-807-000 to this instant merchandise.

The applicable subheading for the Flat or Duplex electrostatic photocopier transport belt will be 9009.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other parts and accessories of photocopying machines, other than photo receptors or assemblies containing photo receptors of electrostatic copying machines of subheading 9009.12. The rate of duty will be free.

This ruling is being issued under the provisions of Section 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 Art Brodbeck at 212-466-5490.


Roger J. Silvestri

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