CLA-2:OT:RR:NC:N1:106

David Sherman, Director, International Trade
Océ North America
100 Oakview Drive
Trumbull, CT 06611

RE: The tariff classification of a toner cartridge from China and/or Japan

Dear Mr. Sherman:

In your letter dated February 11, 2008, you requested a tariff classification ruling.

The item under consideration is a plastic cartridge containing powdered toner (item # 485-5) used in xerography to produce the final image. The cartridge is a self-contained mechanical unit incorporating a drum, rollers and gears. It is designed for use exclusively in connection with the Océ model FX3000 multi-functional printer. You do not mention whether this printer is used solely on an Automated Data Processing (ADP) machine. You state in your request that both the printer and cartridge are manufactured on behalf of Océ by Brother Industries, Ltd. In addition you state that Brother also produces this article under their brand name, as represented by the submitted sample (Brother item # TN-100XC).

The applicable subheading for the toner cartridge (item # 485-5) will be 8443.99.5015, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Printing…by means of…other printing components…; parts and accessories: Parts…: Other: Other: For the goods of subheading 8443.31”. The rate of duty will be Free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Mark Palasek at 646-733-3013.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division