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HQ 088587


March 26, 1991

CLA-2 CO:R:C:G 088587 NLP

CATEGORY: CLASSIFICATION

TARIFF NO.: 9006.91.00

Mr. Howard M. Paull
Sharetts, Paley, Carter & Blauvelt
67 Broad Street
New York, N.Y. 10004

RE: Straps for Cameras

Dear Mr. Paull:

This is in response to your letter dated December 17, 1990 requesting the tariff classification of two types of straps, manufactured in Hong Kong, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Samples were submitted for our examination.

FACTS:

The first type of strap is the comfort strap, style 20-20- 28. The packaging of the strap states that the "[v]ersatile comfortable camera strap easily attaches to photo or video cameras, binoculars, or radios." The cardboard backing of the packaging has various labels which can be used on a transparent window on the strap to identify the equipment. The labels have the names of nine different brands of photographic cameras and the names of nine different brands of video cameras. The strap is sold in Kmart's camera department and is sold separately from the equipment with which it will be used. The strap is adjustable to 48 inches in length and it can be attached to the equipment either by using the metal ring on the strap or by removing the metal ring and using a hook.

The camera strap, style 20-28-91, is designed for use with 35mm SLR cameras and is also sold in Kmart's Camera Department. It is sold separately from the equipment with which it will be used. It differs from the comfort strap in that it has two film holders, which are formed by a piece of elastic sewn to the strap in a way that provides loops for two plastic 35mm film canisters. This strap is adjustable to 48 inches in length and it can be attached to the equipment either by using the metal ring or removing the metal ring and using the swivel dog leash clip.

It is your position that both the camera and comfort straps are classifiable as photographic camera accessories in subheading 9006.91.00, HTSUSA, as the straps will be principally used with cameras.

ISSUE:

Are the comfort and camera straps classifiable in Heading 9006, HTSUSA, as accessories to photographic cameras.

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI's) set forth the manner in which merchandise is to be classified under the HTSUSA. GRI requires that classification be determined first according to the terms of the headings of the tariff and any relative section or chapter notes and, unless otherwise required, according to the remaining GRI's, taken in order.

Legal Note 2(b) to Chapter 90, HTSUSA, states the following:

(b) Other parts and accessories, if suitable for use solely or principally with a particular kind of machine, instrument or apparatus, or with a number of machines, instruments or apparatus of the same heading (including a machine, instrument or apparatus of heading 9010, 9012 or 9013) are to be classified with the machines, instruments or apparatus of that kind.

Additional U.S. Rule of Interpretation 1(a) states the following:

(a) 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.

The camera strap is principally used as an accessory to a photographic camera. The camera strap has two film holders, which serve only one purpose; holding 35mm film canisters. The strap can be adjusted to a shorter length suitable for carrying a 35mm SLR camera around the neck. In addition, the strap is marketed as a camera accessory and is sold in Kmart's camera department. Therefore, the construction of the strap, the shorter length that it can be adjusted to for use around the neck, and the presence of the loops for holding the film make this strap a camera accessory classifiable in heading 9006, HTSUSA.

Although the comfort strap can be used with other types of equipment, the construction of the strap and its marketing confirm that it will be used principally as a photographic camera accessory. The construction of the strap enables it to be adjusted to a length suitable for carrying a 35mm SLR camera. The front of the strap's packaging states that this strap is designed for the professional comfort of all "photography" needs. The back of the packaging specifically lists brand name cameras that the strap is designed to fit. In addition, this strap, like the camera strap, is sold in Kmart's Camera Department as a photographic camera accessory. Therefore, the comfort strap would be classified as a camera accessory in Heading 9006, HTSUSA.

HOLDING:

The camera and comfort straps are classifiable in subheading 9006.91.00, HTSUSA, which provides for photographic (other than cinematographic) cameras;..., parts and accessories, for cameras. The rate of duty is 5.8 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division

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