United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1991 HQ Rulings > HQ 0088313 - HQ 0088380 > HQ 0088336

Previous Ruling Next Ruling


HQ 088336


August 20, 1991

CLA-2 CO:R:C:M 088336 MBR

CATEGORY: CLASSIFICATION

TARIFF NO.: 9013.80.60
8523.20.00

Mr. John B. Rehm
Dorsey & Whitney
1330 Connecticut Avenue, N.W.
Suite 200
Washington, D.C. 20036

RE: Reconsideration of HQ 088336, dated April 20, 1990; Canon Still Video Camera; Television; Other Optical Apparatus; Models RC 470, RC 760, RC 701 and RC 250

Dear Mr. Rehm:

In your letters of October 31, 1990, and April 18, 1991, you requested reconsideration of HQ 088336, dated April 20, 1990, which held that the Canon Still Video Camera models RC 470, RC 760, RC 701 and RC 250 were classified in subheading 9013.80.60, Harmonized Tariff Schedules of the United States (HTSUSA).

FACTS:

The merchandise consists of the Canon Still Video Camera models RC 470, RC 760, RC 701 and RC 250. Still Video Cameras ("SVCs") utilize solid-state electronic technology and incorporate charge coupled devices ("CCD's"). CCD's are semiconductors which contain a grid of numerous photosensitive cells, or pixels. As the image-forming light of an object is focused onto the grid, each pixel receives a certain quantity of light which is translated into an electrical charge. The result is a pattern of electrical charges which represents an image. The electrical charges are subsequently processed by the SVC into magnetic analog signals for storage on a magnetic "floppy" disc. Up to 50 still images can be stored on the floppy disc. The images can then be viewed on a television screen, video monitor, or hard copies can be made with an electronic printer.

ISSUE:

What is the classification of the "Still Video Camera," under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)?

LAW AND ANALYSIS:

You requested reconsideration of HQ 086847, dated April 20, 1990, which held that the Canon Still Video Camera models RC 470, RC 760, RC 701 and RC 250 were classified in subheading 9013.80.60, HTSUSA.

You argue that the Still Video Camera (SVC) is properly classifiable in heading 9006, HTSUSA, which provides for: "[p]hotographic (other than cinematographic) cameras." However, in HQ 086847, dated April 20, 1990, Customs held that:

In addition to the guidance provided by the HTSUSA's classification of electrical articles, there is lexicographic authority for the position that electronic devices which use CCD's are distinguished from photographic articles. The McGraw Hill Encyclopedia of Science and Technology, Vol. 3, p. 168, provides:

Electronic camera. Advances in the field of solid-state electronics have made possible the development of the electronic still camera. Unlike photographic cameras, in which film senses and records the image-forming light, the electronic still camera uses a solid-state image sensor to sense the image-forming light and a separate recording medium to record and store the picture. (Emphasis added).

In our opinion an electronic still video camera which uses a charge coupled device and records electrical representations of images on magnetic discs principally functions as an electrical apparatus and not as a photographic apparatus. Thus, still video cameras are not classifiable as photographic cameras in Heading 9006.

In HQ 086847, dated April 20, 1990, we exhaustively explored the tariff meaning of "photographic camera." You now argue that the SVC is an "innovative" and "unconventional" photographic camera. However, for the reasons stated above, and those in HQ 086847, we disagree. Furthermore, we are not convinced that when the court defined "photography" in St. Regis v. United States, 11 CIT 601 (1987), that it intended a solid-state image sensor to be encompassed within the term "sensitized surface." You have not presented any new, or further persuasive facts or law for our consideration on this point.

In the alternative, you argue that the SVC is properly classifiable under heading 8525, HTSUSA, which provides for: "[t]elevision cameras." However, in your letter of April 18, 1991, you state:

In the first place, although similar in certain respects, the television camera and Canon's SVC are distinct articles of commerce. The manner in which the television camera is classified therefore sheds no light on the question.

Furthermore, in HQ 086847, dated April 20, 1990, we stated:

Although SVC's and solid-state television cameras both produce images through an electronic process, the two types of cameras have substantially different capabilities and uses. While SVC's are designed to produce single "still" images, television cameras produce images in rapid succession to portray action. SVC's are not designed to produce images in a sufficiently rapid succession to portray action.

We also stated that:

The common meaning for television encompasses a process whereby rapidly changing pictures are transmitted through electro-magnetic waves or by line, usually up to 30 "frames" a second, in real time or by storage and retrieval. (See Van Nostrand's Scientific Encyclopedia, supra, p. 2794, and McGraw Hill Encyclopedia of Science and Technology, supra, Vol 18, p. 180).

Therefore, you argue that the SVCs can depict motion because they have the capability to record a total of 50 images, at the rate of 20 images per second (ips), and can retrieve those images for display at 15 images per second. However, a VHS demonstrational video was unconvincing. The scenes depicted could hardly be considered "motion" and lasted a total of 3.33 seconds. Therefore, as we held in HQ 086847, dated April 20, 1990, the SVCs are not television cameras and consequently cannot be classified as television cameras in Heading 8525.

SVCs satisfy the definition for "optical" apparatus provided in Chapter 90 U.S. Note 3. Articles which are classifiable in Chapter 90 are excluded by Section XVI Note 1(m) from being classified in Chapter 85. SVCs are thus classified in Heading 9013. The Canon Still Video Camera Models RC 470, RC 760, RC 701 and RC 250 are classified in subheading 9013.80.60, HTSUSA.

Chapter 85 Note 6 provides that records, tapes and other media classifiable in heading 8523, and 8524, HTSUSA, are classified in those headings regardless of whether they are entered with the apparatus for which they are intended. Any unrecorded magnetic "floppy" discs entered with the Canon SVCs are described by heading 8523, HTSUSA, and are classified in subheading 8523.20.00, HTSUSA.

HOLDING:

The Canon Still Video Camera models RC 470, RC 760, RC 701, RC 250 are properly classified in subheading 9013.80.60, HTSUSA, as held in HQ 086847, dated April 20, 1990.

Unrecorded magnetic "floppy" discs entered with the SVCs are classified in subheading 8523.20.00, HTSUSA.

Sincerely,


Previous Ruling Next Ruling

See also: