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June 14, 1999

CLA-2-84:RR:NC:1:110 E82914

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.60.6400

Mr. David R. Grace
Covington & Burling
1201 Pennsylvania Avenue, N.W.
P.O. Box 7566
Washington, D.C. 20044-7566

RE: The tariff classification of a Canon BJC-5100 series color bubble jet printer from Mexico.

Dear Mr. Grace:

In your letter dated June 2, on behalf of Canon Business Machines, Inc., you requested a tariff classification ruling.

The merchandise under consideration involves the Canon series of BJC-5100 color bubble jet printers when shipped in the same carton as detached printing mechanisms, and thus not fully assembled.

The Canon BJC-5100 series color bubble jet printers are designed for use as computer output units. These printers are capable of printing in black and white or color. The BJC-5100 is a "dual head" machine with two separate cartridge slots. Any of three different print head cartridges may be installed in either slot of the machine. The BJC-5100 thus optimizes the printing process based upon the combination of cartridges installed in the machine. The printing head cartridges, which may be installed, are as follows:

(1) the BC-23 Enhanced Black BJ Cartridge (2) the BC-21e Color BJ Cartridge, and/or (3) the BC-22e Photo BJ Cartridge

The BC-23 Enhanced Black BJ Cartridge incorporates a bubble jet print head and a black ink reservoir. Each print head contains 128 nozzles. When the ink runs out, the entire cartridge is replaced. The BC-21e Color BJ Cartridge incorporates a bubble jet print head and two replaceable ink tanks (the BCI-21 Black Ink Cartridge and the BCI-21 Tri-Color Ink Cartridge). The print head for the BC-21e Color BJ cartridge contains 64 nozzles for black ink and 72 nozzles for color (24 nozzles for each color). The BC-22e Photo BJ Cartridge incorporates a bubble jet print head and an ink reservoir. The print head contains 64 nozzles for black ink and 72 nozzles for color (24 nozzles for each color). When the ink runs out, the cartridge is replaced.

All of the cartridges utilize the same technology. Each nozzle on the print head units contains a heater. When the heater is turned on, ink is vaporized forming an air bubble. As the bubble expands, ink is expelled out of the open end of the chamber. Upon striking the print media, the expelled ink forms a contrasting dot. The selective printing of dots results in the final image. Without a print head, no printing can be performed. The BJC-5100 Series printers has a print speed of approximately 10 pages per minute using the BC-23/BC-23 combination Black BJ Cartridge. This series printer also has a print speed of approximately 4 pages per minute using the BC-21e/BC-21e combination Color BJ Cartridge. Print speed will vary depending on system configuration, software, document complexity, print mode, and page coverage.

The importer plans to ship a detached BC-23 Enhanced Black BJ Cartridge and a detached BC-21e Color BJ Cartridge with each BJC-5100. In addition, a dedicated power supply will be attached to the printer in the manufacturing process. The carton will also contain a user's manual. Although the printer and BJ ink-cartridges will be shipped in the same carton, the cartridges will be detached from the printer assembly and enclosed in a sealed contained. The BJ ink cartridge will not be installed in the printer until after the unit has been purchased by a retail customer in the United States.

Noting Legal Note 5(B) to Chapter 84 of the HTS, and NY Ruling C80114, the BJC-5100 series of printers would meet the definition of a "unit" of an ADP system. Although the printer and BJ ink cartridges will be shipped in the same carton, the cartridges will be detached from the printer assembly and enclosed in its own sealed container. Thus in their imported condition the printers do not represent "assembled" printers. Please note also NY Ruling Letter B88377 that involved a similar issue.

The applicable subheading for the BJC-5100 series color bubble jet printers will be 8471.60.6400, Harmonized Tariff Schedule of the United States (HTS), which provides for other ink jet printers. The rate of duty will be free.

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 Arthur Brodbeck at 212-637-7019.

Sincerely,

Robert B. Swierupski
Director,

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