CLA-2 CO:R:C:M 951222 KCC

Ms. Lisa L. Cortes
Nippon Express USA Inc.
20444 S. Reeves Avenue
Long Beach, California 90810

RE: NY 869784 revoked; Copal Laser Beam Printer Models SLB 6000 and SLB 6009; 8442.40.00; NY 862408; Note 5, Chapter 84; principal use; Additional U.S. Rule of Interpretation 1(a)

Dear Ms. Cortes:

This is in reference to New York Ruling (NY) 869784 issued to you on December 24, 1991, on behalf of Marubeni International Electronics, which concerned the tariff classification of Copal Laser Beam Printers under the Harmonized Tariff Schedule of the United States (HTSUS). Pursuant to section 625, Tariff Act of 1930 (19 U.S.C. 1625), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, Pub. L. 103-182, 107 Stat. 2057, 2186 (1993) (hereinafter section 625), notice of the proposed revocation of NY 869784 was published February 9, 1994, in Customs Bulletin, Volume 28, Number 6.

FACTS:

The Copal Laser Beam Printer Models SLB 6000 and SLB 6009 ("printers") at issue in NY 869784 were described as being "...used in electronic publishing as the output printers of newspaper front-end systems that prepare print copy so that printing plates can subsequently be produced therefrom." The printers copy onto plain paper by using semi-conductor lasers with electrophotography. The printers were imported without control units.

In NY 869784, the Area Director, New York Seaport, held that the printers were classified under subheading 8442.40.00, HTSUS, which provides for parts of other machinery, apparatus and equipment for type-founding or typesetting. This classification was based on the premise that the printers at issue had resolutions of 600 dots per inch ("dpi"). NY 869784 stated that 600 dpi was double that of standard output printers. Based on the printers resolution, NY 869784 stated "...that the principal function of laser beam printers of this resolution is in preparing typeset copy for printing."

NY 869784 did not take into consideration NY 862408 dated April 19, 1991, in which nine laser beam printers with 600 dpi resolution were classified under subheading 8471.92.70, HTSUS, as other printers. As of January 1, 1994, subheading 8471.92.70, HTSUS, has been superseded by subheadings 8471.92.54 and 8471.92.56, HTSUS. The printers in NY 862408 were similar to the printers in NY 869784 in that they both lacked control units. Both types of printers in NY 869784 and NY 862408 are commonly known in the trade as "engines" or "imagesetters."

The competing subheadings are:

8442.40.00 Machinery, apparatus and equipment (other than the machine tools of headings 8456 to 8465), for type-founding or typesetting, for preparing or making printing blocks, plates, cylinders or other printing components; blocks, plates, cylinders and lithographic stones, prepared for printing purposes (for example, planed, grained or polished); parts thereof...Parts of the foregoing machinery, apparatus or equipment.

8471.92.54 Automatic data processing machines and units thereof; magnetic or optical readers, machines for transcribing data onto data media in coded form and machines for processing such data, not elsewhere specified or included...Other...Input or output units, whether or not entered with the rest of a system and whether or not containing storage units in the same housing...Other...Printer Units...Other...Laser...Capable of producing more than 20 pages per minute.

8471.92.56 Automatic data processing machines and units thereof; magnetic or optical readers, machines for transcribing data onto data media in coded form and machines for processing such data, not elsewhere specified or included...Other...Input or output units, whether or not entered with the rest of a system and whether or not containing storage units in the same housing...Other...Printer Units...Other...Laser...Other.

ISSUE:

Are the Copal Laser Beam Printers classified as parts of other machinery, apparatus and equipment for type-founding or typesetting under subheading 8442.40.00, HTSUS, or as other laser printer units under subheadings 8471.92.54 or 8471.92.56, HTSUS?

LAW AND ANALYSIS:

The classification of merchandise under the HTSUS is governed by the General Rules of Interpretation (GRI's). GRI 1, HTSUS, 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...."

Note 5, Chapter 84, HTSUS, states that:

Heading 8471 does not cover machines incorporating or working in conjunction with an automatic data processing machine and performing a specific function. Such machines are classified in the headings appropriate to their respective functions or, failing that, in residual headings.

Headings 8442 and 8471, HTSUS, are considered use provisions. "A tariff classification controlled by use (other than actual use) is to be determined in accordance with the use in the United States at, or immediately prior to, the date of importation, of goods of that class or kind to which the imported goods belong, and the controlling use is the principal use." Additional U.S. Rule of Interpretation 1(a), HTSUS.

We need to determine the principal use of the class or kind of printers under consideration. Additionally, we need to determine where Customs draws the line between the printers of heading 8471, HTSUS, and those of heading 8442, HTSUS?

We have carefully researched and reviewed information about the printers under consideration, as well as the laser printer industry as a whole. After consideration of all the relevant facts, we are of the opinion that printers with resolutions of 900 dpi or less are classifiable under heading 8471, HTSUS, unless, the importer can prove that, in its condition as entered, the printer can perform a specific function. If it is established that the printers do perform a specific function, than pursuant to Note 5, Chapter 84, HTSUS, they are classified in the heading appropriate to their respective function.

We are aware that in the laser printer industry the resolutions or dpi of laser printers are always advancing. Therefore, in the future Customs may have to adjust its 900 dpi figure in order to reflect technological advances. Additionally, it should be noted that Customs has chosen the 900 dpi figure as a reference point for classification of this class or kind of printer. Customs will not merely look to the dpi of laser printers, but will examine all aspects of the imported merchandise. Customs will look at items such as application specific controllers, software dedicating the printers for use with a specific function, pages per minute printing speed or other special features. It is ultimately the importer's responsibility to present Customs with the necessary evidence to classify their printers pursuant to a specific function.

Therefore, based on the information submitted and NY 862408, the printers under consideration are classified under heading 8471, HTSUS. Inasmuch as the printers are imported without their control units, they are specifically classified under subheading 8471.92.54 or 8471.92.56, HTSUS, as other laser printer units, depending upon the pages per minute printing speed.

HOLDING:

The Copal Laser Beam Printer Models SLB 6000 and SLB 6009 are classified under subheading 8471.92.54 or 8471.92.56, HTSUS, as other laser printer units, depending upon the pages per minute printing speed. Both tariff provisions are currently subject to the Column 1 General free rate of duty.

NY 869784 dated December 24, 1991, is hereby revoked.

In accordance with section 625, this ruling will become effective 60 days after its publication in the Customs Bulletin. Publication of rulings or decisions pursuant to section 625 does not constitute a change of practice or position in accordance with section 177.10(c)(1), Customs Regulations (19 CFR 177.10(c)(1)).

Sincerely,

John Durant, Director
Commercial Rulings Division