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HQ 965682

August 30, 2002

CLA-2 RR: CR: GC 965682 TPB


TARIFF NO.: 8472.90.80

Mr. R. Brian Burke
Rode & Qualey
55 West 39th Street
New York, N.Y. 10018

RE: Konica Model 7065; Multi-function Digital Office Machine; Copier; Optional Printer Interface; NY E82212 Revoked.

Dear Mr. Burke:

This is in reference to NY E82212, issued to you on May 18, 1999, in response to your letter of May 13, 1999 to the Director, Customs National Commodity Specialist Division, New York, requesting a tariff classification ruling on the Konica Model 7065 multi-function digital office machine under the Harmonized Tariff Schedule of the United States (“HTSUS”).

NY E82212 classified the multi-function digital office machine under subheading 8471.60.5100, HTSUS. We have had an opportunity to review this classification, and now believe it to be incorrect for the reasons explained below. This ruling also provides the correct classification for the Konica 7065.

Pursuant to section 625(c), Tariff Act of 1930, as amended (19 U.S.C. 1625(c)), notice of the proposed revocation of NY E82212 was published on July 24, 2002, in the Customs Bulletin, Volume 36, Number 30. Three comments were received in response to the notice.


The product at issue is a finished, multi-functional digital office machine, Konica Model 7065. It is described in NY E82212 as follows:

The merchandise under consideration involves the “Konica” model 7065 that is basically a combination digital printer/copier. This multifunctional digital printer/copier can be interfaced to an automatic data processing (ADP) system through the optional IP-303 print controller.

The “Konica” model 7065 multifunctional digital printer/copier features a powerful digital laser print engine that permits a selectable print resolution from 400 to 600 dots per inch (DPI). This high speed dual beam laser print engine can print up to 65 pages per minute and 400 DPI resolution.


All of the comments to the proposed revocation asked for clarification as to the definition of an “optional controller” and “optional printer controller.” The printer controller is the necessary component for a MFD machine to communicate with an ADP machine. It contains a processor, ROM and RAM chips and associated components for electrical connectivity. It facilitates communication through a port, such as a parallel port, or USB port. The primary languages used for communication are Printer Command Language (“PCL”) and Postscript. The controller structures the data it receives from the ADP machine in order to create the correct page layout. It sets page margins, arranges words and inserts graphics. When Customs uses the term “optional,” it is referring to fact that this device is not present in the MFD machine at the time of its importation, but may be added at a later point in time, either by the importer, a third party, or the ultimate consumer. It is a necessary component for the MFD copier to properly function as a unit of an ADP machine.

The HTSUS provisions under consideration are as follows:

8443 Printing machinery used for printing by means of printing type, blocks, plates, cylinders and other printing components of heading 8442; ink-jet printing machines, other than those of heading 8471; machines for uses ancillary to printing; parts thereof:

8471 Automatic data processing machines, and units thereof; magnetic or optical readers, machines for transcribing data onto media in coded form and machines for processing such data, not elsewhere specified or included: 8472 Other office machines (for example hectograph or stencil duplicating machines, addressing machines, automatic banknote dispensers, coin-sorting machines, coin-counting or wrapping machines, pencil-sharpening machines, perforating or stapling machines):


What is the classification of the Konica 7065 multi-function digital office machine?


Classification under the HTSUS is made in accordance with the General Rules of Interpretation (“GRIs”). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs may then be applied.

The Harmonized Commodity Description and Coding System Explanatory Notes (“ENs”) constitute the official interpretation of the Harmonized System at the international level. While neither legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings. See T.D. 89-80.

As imported, the 7065 is a complete and finished digital copier, which scans documents and stores them as digital information in memory. The data is then printed via a connected print engine. Classification of units of ADP machines is governed by the terms of Legal Note 5 to Chapter 84, HTSUS, which provides in relevant part as follows:

Automatic data processing machines may be in the form of systems consisting of a variable number of separate units. Subject to paragraph (E) below, a unit is to be regarded as being part of an complete system if it meets all the following conditions:

It is connectable to the central processing unit either directly or through one or more other units; and It is able to accept or deliver data in a form (codes or signals) which can be used by the system.

Printers, keyboards, X-Y co-ordinate devices and disk storage units which satisfy the conditions of paragraphs (B)(b) and (B)(c) above, are in all cases to be classified as units of heading No. 8471.

The information provided for the 7065 indicates that in order for it to function as an ADP printer, an optional IP-303 print controller is required. Therefore, the 7065 does not meet the conditions laid out in Note 5(B)(b) to Chapter 84, HTSUS, because it is not connectable to an ADP machine at the time of importation. It is, however, it is a finished and fully functional MFD copier at the time of its importation.

Prior to January 1, 2002, this type of machine was classifiable under heading 8443, HTSUS, as a printing machine. See HQ 957981, dated July 9, 1997, classifying a four color digital printer under heading 8443; and HQ 959651, also dated July 9, 1997, classifying similar merchandise under heading 8443. However, the terms of that heading have been amended so that certain digital print machines can no longer be classified under that heading.

Because this digital printer does not meet the terms of note 5(B) to chapter 84, nor does it meet the terms of heading 8443, HTSUS, it is classified under heading 8472, specifically under subheading 8472.90.80, which provides for other office machines, other printing machines, other than those of heading 8443 or 8471.

One commenter claimed that the MFD machine should nonetheless be classified under heading 8471 as a matter of fact and law. That submission claimed that because the MFD copier may be connected to an ADP machine through the aforementioned absent printer controllers that it still meets the requirements of Note 5 (B)(b), HTSUS, in that it is connected to the CPU of an ADP machine, not directly, but through one or more other units (i.e., the printer controller). However, as mentioned above, in its condition as imported, the Konica Model 7065 does not come with this printer controller. It is imported as a complete and fully functional MFD copier, and therefore, is classified as such.

Furthermore, the comments submitted indicate that all printers for data processing systems require a controller board in order to connect to the central processing unit of the system and that this controller board is a conduit for the transmission and reception of information. Even if we were to accept, arguendo, that because the MFD copier may at some future point in time be connected to an ADP machine through the optional printer controller, and accept that that would be enough to satisfy the requirement of Note 5(B)(b), the MFD copier would still fail to satisfy the requirements of Note 5(B)(c), because, by the commenters own admission, without the card, the copier is not able to accept or deliver data in a form which can be used by the system. It is the role of the printer card to facilitate this communication.

As described in the “Facts” section above, an optional printer controller adapts a digital copier so that it may be used as a printer for an ADP machine or system. These cards are not standard equipment and may be added post importation. Should importers have any further questions as to this classification of specific goods consequent to this notice, they may write to the National Commodity Specialist Division, New York, for a ruling.


For the reasons stated above, classification of the Konica Model 7065 multi-function digital office machine is under subheading 8472.90.80, HTSUS, which provides for other office machinesotherprinting machines other than those of heading 8443 or 8471.


NY E82212 is revoked. In accordance with 19 U.S.C 1625(c), this ruling will become effective 60 days after its publication in the Customs Bulletin.


Myles B. Harmon, Acting Director

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