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NY B87980

August 5, 1997

CLA-2-85:RR:NC:MM:109 B87980


TARIFF NO.: 8517.21.0000

Ms. Sandra Liss Friedman
Barnes, Richardson and Colburn
475 Park Avenue South
New York, N.Y. 10016

RE: The tariff classification of the MFC-390MC 6 in 1 Multi-Function Center from Malaysia

Dear Ms. Friedman:

In your letter, dated July 25, 1997, you requested a tariff classification ruling on behalf of your client Brother International Corporation, Somerset, New Jersey.

The merchandise is described in your letter and attached literature as the MFC-390MC 6 in 1 Multi-Function Center with digital answering machine and full duplex speakerphone. This device is designed for a home office type application. It is small and lightweight, measuring 9.4" x 11.8" x 5.3", and weighing 6.2 lbs. It incorporates six features: fax, PC fax, message center, copier, scanner, and printer. The fax features include a 14.4K high speed fax modem, 512KB memory (20 pgs), broadcasting, 55 station auto dialing, 64 shade gray scale, caller ID ready, distinctive ring detection, send or receive directly from your PC, and 1000 name address book. The message center features the storage of both voice and fax messages, a full duplex speakerphone, a digital answering machine, five personal mailboxes, forwarding of faxes. This device uses rolled thermal paper. The features of the printer, scanner, and copier are less significant. As per the literature, the printer is only a back up function to a standard PC printer. The 200 x 400 dpi resolution is lower that the 300 x 300 dpi or higher that is standard with printers today. The print speed is also slow at two pages per minute. Printing and copying is on rolled thermal paper. The scanner resolution is 400 x 400 dpi, and is capable of scanning in line art and logos. This device is a composite good under GRI 3 (b). The telecommunications components (fax, PC fax, and message center) provide the essential character of this device. Therefore, the device is classified in heading 8517, Harmonized Tariff Schedule of the United States (HTS). At the subheading level, the fax components provide the essential character (GRI 6).

The applicable subheading for the MFC-390MC 6 in 1 Multi-Function Center will be 8517.21.0000, HTS, which provides for "[f]acsimile machines." The rate of duty will be 3.5%.

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 Eileen S. Kaplan at 212-466-5673.


Robert B. Swierupski
Chief, Metals & Machinery Branch

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