CLA-2 CO:R:C:G 087037 SLR

Mr. A. Pranses
Rudolph Miles & Sons
4950 Gateway East
P.O. Box 144
El Paso, TX 79942

RE: Reconsideration of NYRL 850426 of March 19, 1990; Lift-off Correction Tape from Mexico

Dear Mr. Pranses:

This ruling is in response to your letter of April 20, 1990, on behalf of CFC International, requesting the reconsideration of New York Ruling Letter (NYRL) 850426. In that ruling, two articles of plastic lift-off tape were classified as typewriter ribbons otherwise prepared to give impressions in heading 9612, HTSUSA. Samples were submitted for our examination.

FACTS:

The submitted samples involve a plastic lift-off tape on spools that is put up in a cartridge, and a plastic lift-off tape on spools, not in a cartridge.

The lift-off tape on spools that is put up in a cartridge contains a plastic ribbon approximately 3/8 inch in width. The cartridge is approximately six inches in length and is designed for use with electronic typewriters.

The lift-off tape on spools that is not contained within a cartridge consists of two small spools on which a plastic tape has been wound. This product is designed for use with typewriters that have automatic correction features.

As previously stated, New York classified the lift-off tapes as typewriter ribbons otherwise prepared to give impressions in heading 9612, HTSUSA. In your letter, you maintain that the subject articles are more properly classifiable in heading 8473, HTSUSA, which covers, among other articles, parts and accessories of heading 8469 [typewriters and word processing machines]. -2-

ISSUE:

Whether the lift-off tapes are classifiable as typewriter correction ribbons in heading 9612, HTSUSA, or as accessories to typewriters in heading 8473, HTSUSA.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification is determined according to the terms of the headings and any relative section or chapter notes.

Heading 8473, HTSUSA, provides, in pertinent part, for "[p]arts and accessories...suitable for use solely or principally with machines of heading 8469 [typewriters and word processors]." The Explanatory Note to heading 8473, however, indicates that that heading excludes "[t]ypewriter and similar ribbons, whether or not in spools or in cartridges (heading 96.12)."

Heading 9612, HTSUSA, provides, in pertinent part, for "[t]ypewriter or similar ribbons, inked or otherwise prepared for giving impressions, whether or not in spools or in cartridges." While the lift-off tapes (categorized by the industry as correction ribbons) may not be inked, they are otherwise prepared for giving impressions. Webster's Third New International Dictionary (Unabridged ed. 1971) defines "impression" as a "stamp, embossment, form or figure resulting from a physical contact...." Although the subject merchandise actually lifts off characters from a page, once a typewriter bar or ball mechanism hits the ribbon and makes contact with paper, an impression is made. Accordingly, the instant lift-off tapes are classifiable in heading 9612.

HOLDING:

The lift-off tape on spools put up in a cartridge is classifiable in subheading 9612.10.1000, HTSUSA, which provides for typewriter or similar ribbons, inked or otherwise prepared for giving impressions, whether or not on spools or in cartridges; ink pads, whether or not inked, with or without boxes: ribbons: measuring less than 30mm in width, permanently put up in plastic or metal cartridges (whether or not containing spools) of a kind used in typewriters, automatic data processing or other machines. The applicable rate of duty is 4.8 percent ad valorem.

-3-

The lift-off tape on spools not contained within a cartridge is classifiable in subheading 9612.10.9020, HTSUSA, which provides for typewriter or similar ribbons, inked or otherwise prepared for giving impressions, whether or not in spools or in cartridges...ribbons, other, other. The applicable rate of duty is 9 percent ad valorem.

NYRL 850426 of March 19, 1990 is affirmed.

Sincerely,

John Durant, Director
Commercial Rulings Division