HQ 083454: Photocopier machine parts of textile fibers

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 083454

                        October 19, 1989


CLA-2 CO:R:C:G  083454  JMH

CATEGORY:  Classification

TARIFF NO.:  5911.90.00


Mr. John Montoya
Import/Export Specialist
Canon U.S.A., Inc.
One Canon Plaza
Lake Success, NY  10042-1113

RE:  Photocopier machine parts of textile fibers


Dear Mr. Montoya:

     Your letter of December 7, 1988, requesting a classification
ruling under the Harmonized Tariff Schedule of the United States
(HTSUSA) for textile fiber photocopier machine parts has been
referred to this office for a reply.

FACTS:

     The merchandise in question are parts designed for use
within photocopiers.  The parts are of felt/nonwoven construction
and are composed of either 100%  wool, 100% polyamide, 100%
polyacetal or an 80% wool/20% rayon blend.

ISSUE:

     Should the photocopier machine parts be classified
according to their use as photocopier parts or according to their
content as textile articles?

LAW AND ANALYSIS:

     The classification of merchandise under the HTSUSA is
governed by the General Rules of Interpretation (GRI's).  GRI 1
states in part that "for legal purposes, classification shall be
determined according to the terms of the headings and any
relative section or chapter notes..."  The relevant heading in


                               -2-

this case is heading 5911, HTSUSA.  Heading 5911, HTSUSA
describes:

     5911      Textile products and articles, for technical
               uses, specified in note 7 to this chapter...

     5911.90.00     Other

     The instant ruling request suggested that the parts should
be classified within heading 9009, HTSUSA, as "Photocopying
apparatus...parts and accessories thereof..."  However,  Chapter
90 note 1(a), HTSUSA specifically excludes "Articles of a kind
used in machines, appliances or for other technical uses....of
textile material (heading 5911)."

     Therefore, it is the opinion of this office that the
photocopier machine parts made of textile materials are
classified within subheading 5911.90.00, HTSUSA.

HOLDING:

     The photocopier machine parts made of textile materials are
classified within subheading 5911.90.00, HTSUSA, as "Textile
products and articles, for technical uses...Other."  The rate of
duty is 7.5 percent ad valorem.

                              Sincerely,



                              John Durant, Director
                              Commercial Rulings Division