NY 863161: The tariff classification of FAX 810L toner set from Japan.

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.

                                
NY 863161

                           May 15, 1991


CLA-2-85:S:N:N1:109 863161  

CATEGORY:  Classification

TARIFF NO.: 8517.90.8000  

Mr. John G. Rohan
Konica Business Machines U.S.A., Inc.
500 Day Hill Road
Windsor, CT 06095

RE:  The tariff classification of FAX 810L toner set from Japan.

Dear Mr. Rohan:

     In your letter dated May 8, 1991, you requested a tariff
classification ruling.

     The FAX 810L toner set consists of individual components
which are necessary to maintain the FAX 810L plain paper
facsimile machine.  The set consists of the following articles:

1. The toner unit is the part of the machine that holds the toner
cartridge.  It has a cleaning roller which appears to clean the
drum in the facsimile machine.  The unit also has gears which
distribute the toner evenly over the surface.  The value of the
toner unit is six times the value of the toner cartridges.  The
toner unit is provided for in subheading 8517.90.8000, HTS.

2. Three toner cartridges - The toner in these cartridges is
similar to  photocopier toner.  The toner is provided for in
subheading 3707.90.30, HTS, which provides for "Other chemical
preparations for photographic use.

3. Three toner collecting bottles,

4. Fuser cleaner,

5. Toner cleaner

6. cleaning paper, and

7. Packing  


     For classification purposes, these kits may be considered
"goods put up in sets for retail sale" as defined for purposes of
General Rule of Interpretation 3 (b).  Based on our examination
of the goods, the relative value of the components, and the role
of each component in relation to the use of the goods  it is our
opinion that the essential character of the set is that of parts
of facsimile machines.

     The applicable subheading for the FAX 810L toner set will be
8517.90.8000, Harmonized Tariff Schedule of the United States
(HTS), which provides for "Other parts of telegraph apparatus. 
The rate of duty will be 4.7 percent ad valorem.

     This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).

     A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported.  If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.



                                   Sincerely,

                                   
  
                                   Jean F. Maguire
                                   Area Director
                                   New York Seaport