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NY E88665

November 12, 1999

CLA-2-85:RR:NC:MM:109 E88665


TARIFF NO.: 8517.90.0800

Ms. Fusae Nara
Winthrop, Stimson, Putnam & Roberts
1 Battery Park Plaza
New York, NY 10004-1490

RE: The tariff classification of Toner Cartridges for Fax machines from China

Dear Ms. Nara:

In your letter dated October 13, 1999, you requested a tariff classification ruling on behalf of Sharp Electronics Corporation.

The merchandise is described in your letter as toner cartridges for fax machines. A sample of a used toner cartridge unit Sharp Model # FO-45ND was submitted to this office. Your original inquiry included additional cartridges in need of classification as follows:

· Model FO-52NT (Toner)
· Model FO-35TK (Toner)
· Model FO-35ND (Toner/developer)
· Model FO-45ND (Toner/developer)
· Model FO-48ND (Toner/developer)

The cartridges contain either toner alone or contain both toner and developer and are principally used as replacement cartridges for fax machines. They are specifically designed to be used principally with Sharp’s fax machines. The cartridges are designed to transport toner/developer so that letters and images can be printed on paper. The cartridges are always sold with their contents (i.e. toner, toner/developer). While certain parts of the cartridges may be recycled after changing the moving parts and being refurbished, they are not designed or capable of reuse. The toner/developer cartridges remain with the facsimile machine throughout its commercial use.

The applicable subheading for the toner and toner/developer cartridges will be 8517.90.0800, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electrical apparatus for line telephony or line telegraphy, including line telephone sets with cordless handsets and telecommunication apparatus for carrier-current line systems or for digital line systems parts thereof: Parts: Parts of facsimile machines: Other.” The rate of duty will be 1.2 percent ad valorem.

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 212-637-7048.


Robert B. Swierupski

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