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HQ 089410

June 21, 1991

CLA-2 CO:R:C:M 089410 DWS

CATEGORY: CLASSIFICATION

TARIFF NO.: 9013.80.60

Mr. Michael Porter
Porter Associates
348 Wood Street
Hopkinton, MA 01748

RE: Classification of the Da Vinci Digital Printing Camera

Dear Mr. Porter:

This is in response to your letter of May 1, 1991, concerning the classification of a digital printing camera under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The Da Vinci is a still camera with an integral thermal printer. It is state of the art in its design in that it requires neither film nor flash. Because of its pocket-size, pictures can be taken with the camera held with one hand. In the literature, the Da Vinci is described as both a camera unit and as a printer unit. Its lens system contains built-in standard lenses and it is capable of copying three-dimensional material. The camera digitally stores an image on its motion optical sensor area and then prints a copy of the image on thermally-sensitive paper. Through the thermal printer, it is possible to have sixty different patterns (in eight different types) of prints. Plans are underway for this product to be marketed as a "vision printer".

ISSUE:

What is the classification of the digital printing camera?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides, in part, that "For legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes and provided such headings or notes do not otherwise require, according to the following provisions ..."

Two of those provisions are GRI 3(b) and 3(c). GRI 3(b) provides that "Mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, which cannot be classified by reference to 3(a), shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable." Following this rule, GRI 3(c) states that "When goods cannot be classified by reference to 3(a) or 3(b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration."

Although the manufacturer plans to market the Da Vinci as a "vision printer", this does not mean that under the HTSUSA it will be classified solely as a printer. In the literature published by the manufacturer, it is explained that the device is composed of a "camera unit" and a "printer unit". Also, it is claimed that the Da Vinci "is the world's first camera that contains a printer." Therefore, the Da Vinci consists of two separate components, but neither gives the article its "essential character".

The "camera unit" of the device may be classified under Heading 9013, HTSUSA, covering Other optical appliances and instruments, not specified or included elsewhere in this chapter. The Additional U.S. Notes to Chapter 90, Note 3, state that "the terms 'optical appliances' and 'optical instruments' refer only to those appliances and instruments which incorporate one or more optical elements ..." The digital printing camera meets this definition. Even though it is claimed that there "is no optical sophistication whatsoever", the Da Vinci still contains a built- in lens system, no matter how simple.

The "printer unit" of the Da Vinci may be classified under Heading 9009, HTSUSA, which includes Photocopying apparatus incorporating an optical system or of the contact type and thermocopying apparatus. We have already noted that the device incorporates an optical system to produce a print, and it contains a thermocopying apparatus to produce prints on thermally-sensitive paper.

Since neither component gives the Da Vinci its essential character [GRI 3(b)], according to GRI 3(c), it will be "classified under the heading which occurs last in numerical order ..." That heading is 9013, HTSUSA.

We note that the Da Vinci cannot be classified under Heading 9006, HTSUSA, which covers still photographic cameras, because the Da Vinci does not use light sensitive film which requires chemical processing as does a still photographic camera.

HOLDING:

Under GRI 3(c), the Da Vinci Digital Printing Camera is classifiable under subheading 9013.80.60, HTSUSA, which provides for Other optical appliances and instruments, not specified or included elsewhere in this chapter: Other devices, appliances and instruments: Other. Items classifiable under this provision enter the United States at a general, column one rate of duty of 9 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division

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