CLA-2 RR:CR:GC 961993 DWS
Mr. Arthur K. Purcell
Neville, Peterson & Williams
80 Broad Street
New York, NY 10004
RE: Incomplete Optics Housing
Dear Mr. Purcell:
This is in response to your letters of June 26, 1996, and
May 28, 1998, to the Port Director of Customs, New York, on
behalf of Xerox Corporation, concerning the classification of an
incomplete optics housing under the Harmonized Tariff Schedule of
the United States (HTSUS). Your letters were referred to this
office for a response.
FACTS:
The merchandise consists of an incomplete optics housing
(Part No. 62K7631) which, when finished, will be used in the
manufacture of the "Spirit" and "Destiny" model electrostatic
photocopiers. In its condition as imported, the merchandise
incorporates six mirrors nested in three carriages, as well as
belts, pulleys, drive shafts, springs, motors, and other
components designed to help move the mirrors from one position to
another. Such an operation aids the photocopiers in magnifying
or reducing images to size, and otherwise adjusting imaging
resolutions. The missing illumination source, lens, and document
registration glass will not be added to the housing until after
importation of the incomplete housing into the U.S.
ISSUE:
Whether the incomplete optics housing is classifiable under
subheading 9009.90.10, HTSUS, as other parts of photocopying
apparatus of subheading 9009.12,
HTSUS, specified in additional U.S. note 5, HTSUS, to chapter 90,
HTSUS, or under subheading 9009.90.50, HTSUS, as other parts of
electrostatic copying machines of subheading 9009.12, HTSUS.
LAW AND ANALYSIS:
Classification of merchandise under the HTSUS is in
accordance with the General Rules of Interpretation (GRI's). GRI
1 provides that classification is determined according to the
terms of the headings and any relative section or chapter notes.
The HTSUS provisions under consideration are as follows:
9009 Photocopying apparatus incorporating an optical system or of
the contact type and
thermocopying apparatus; parts and accessories thereof:
Electrostatic photocopying apparatus:
9009.12.00 Operating by reproducing the original image via
an intermediate
onto the copy (indirect process).
9009.90 Parts and accessories:
Parts of photocopying apparatus of subheading
9009.12 specified
in additional U.S. note 5 to this chapter
9009.90.10 Parts other than photoreceptors or
assemblies containing
photoreceptors.
Other:
9009.90.50 Parts and accessories, other than
photoreceptors or
assemblies containing photoreceptors, of
electrostatic
copying machines of subheading 9009.12.
* * * * * * * * *
Chapter 90, additional U.S. note 5(b), HTSUS, states that:
5. Subheadings 9009.90.10 and 9009.90.30 cover the following parts of
photocopying apparatus of subheading 9009.12:
(a) *****
(b) Optics assemblies, incorporating more than one of the following:
lens, mirror, illumination source, document exposure glass.
There is no question that the subject merchandise is a part
of electrostatic copying machines, themselves classifiable in
heading 9009, HTSUS, specifically under subheading 9009.12.00,
HTSUS. However, you claim that the incomplete optics housing is
precluded from classification under subheading 9009.90.10, HTSUS,
because it does not meet the description of an optics assembly as
given in chapter 90, additional U.S. note 5(b), HTSUS. You state
that although the housing incorporates six mirrors, it does not
contain a lens, illumination source, or document exposure glass.
We agree with your conclusion. The correct interpretation
of chapter 90, additional U.S. note 5(b), HTSUS, is that an item
must contain at least two of the components listed to qualify as
an optics assembly. As we stated previously, in its condition as
imported, the incomplete optics housing only contains one of the
listed items (six mirrors). Therefore, the housing is precluded
from classification under subheading 9009.90.10, HTSUS, and is
classifiable under subheading 9009.90.50, HTSUS.
HOLDING:
The incomplete optics housing is classifiable under
subheading 9009.90.50, HTSUS, as other parts of electrostatic
copying machines of subheading 9009.12, HTSUS.
Sincerely,
John Durant, Director
Commercial Rulings Division