HQ 0088205 - Closed Circuit Television Camera Lenses; CCTV; Motorized; Servo; Optical Elements; Objective; Zoom; Iris - United States International Trade Commision Rulings

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HQ 088205

October 2, 1991

CLA-2 CO:R:C:M 088205 CMS

CATEGORY: CLASSIFICATION

TARIFF NO.: 9002.11.80, 8529.90.30

Mr. Kirk Jenne
Vice-President & General Counsel
Burle Enterprises, Inc.
1000 New Holland Ave.
Lancaster, PA 17601-5688

RE: Closed Circuit Television Camera Lenses; CCTV; Motorized; Servo; Optical Elements; Objective; Zoom; Iris

Dear Mr. Jenne:

This is in response to your request dated December 27, 1990, for a classification ruling on certain closed circuit television camera lenses.

FACTS:

The merchandise consists of five types of closed circuit television (CCTV) camera lenses, described as (1) fixed lens without iris, (2) fixed lens with manual iris, (3) motorized zoom lens with manual iris, (4) fixed lens with auto iris and (5) motorized zoom lens with auto iris.

The fixed lenses without iris are fixed focal length lenses. The fixed lenses with manual iris are fixed focal length lenses with a manually adjustable iris. The importer does not dispute the classification of these two lenses as mounted lenses in subheading 9002.11.80, HTSUSA.

The motorized zoom lens with manual iris incorporates an electric motor to adjust the focal length and iris setting.

The fixed lens with auto iris incorporates an electric motor to adjust the iris setting.

The motorized zoom lens with auto iris setting incorporates an electric motor to automatically adjust the focal length and iris setting.

FACTS:

Is the merchandise classified as mounted lenses in Heading 9002, or as parts of television cameras in Heading 8529?

LAW AND ANALYSIS:

The Harmonized Tariff Schedule of the United States Annotated (HTSUSA) superseded the Tariff Schedule of the United States Annotated (TSUSA) effective January 1, 1989. The HTSUSA provides that the classification of articles is governed by the General Rules of Interpretation (GRI's). GRI 1 states in pertinent part that "...classification shall be determined according to the terms of the headings and any relative section or chapter notes...".

Heading 9002 in pertinent part describes lenses, mounted, being parts of or fittings for instruments or apparatus. Heading 8529 in pertinent part describes parts of television cameras.

Heading 8529 is a Section XVI Heading. Section XVI Note 1(m) excludes from Section XVI articles of Chapter 90. Pursuant to Section XVI Note 1(m), if the merchandise is an article of Heading 9002 then it is excluded from Heading 8529. Further, the Explanatory Notes to Heading 8529, p. 1379, state that the heading excludes "[l]enses...for television cameras (heading 90.02)" (emphasis in original).

The importer argues that the motorized lenses are complex electro mechanical assemblies which include a motor and circuit board to facilitate their function as motorized lenses. It is argued that the lenses are integral parts of the CCTV cameras, and that they should not be classified as lenses in Heading 9002.

The motorized lenses, however, are advancements over manually adjustable lenses and are merely certain types of lenses. The merchandise is described in Burle Industries' product brochures as "Manual and Auto Iris Fixed and Motorized Zoom Lenses", "Lenses for Specialized Applications" and "Motorized Zoom Lenses" (emphasis added). A wide variety of motorized and non-motorized lenses are described in the "Lens Guide for Burle Cameras", which states in part that "[t]his publication lists lenses available for BURLE cameras. A wide variety of fixed and motorized manual and auto iris types are available..." (emphasis added). In the "Lens Guide", motorized lenses are specifically described as "types" of lenses.

The motorized lenses under consideration are designed, marketed and known as lenses. The products are described by Heading 9002.

The fact that the lenses are motorized does not preclude their classification in Heading 9002. It is a fundamental and longstanding tariff classification principle that an eo nomine designation of an article, absent legislative intent or other contrary limitation, includes all forms of an article. Nootka Packing Co. Et Al. v. United States, 22 CCPA 464, T.D. 47464 (1935); Crosse & Blackwell Co. v. United States, 36 CCPA 33, C.A.D. 393 (1948). There is no limitation in Heading 9002 excluding lenses which can more effectively function as lenses due to their motorization, and no legislative intent has been shown that such lenses are not classified as lenses in Heading 9002.

Motorized lenses are an advancement in technology over lenses which must be manually focused and otherwise positioned. Technological advancements of articles are included in eo nomine tariff designations of such articles. Simmon Omega, Inc. v. United States, 83 Cust. Ct. 14, C.D. 4815 (1979).

(Although decided under the TSUSA, electric motorized toothbrushes were found to be toothbrushes, and motorized tweezers to be tweezers, in Kaysons Import Corp. v. United States, 56 Cust. Ct. 146, C.D. 2622 (1966), and Clairol, Inc. v. United States, 7 CIT 377 (1984), respectively).

Rank Precision Industries, Inc. v. U.S., 85 Cust. Ct. 34, C.D. 4866, 498 F. Supp. 1348 (1980), aff'd. , 660 F.2d 476, cited by the importer, is inapposite. The Court in Rank Precision Industries, Inc., supra, determined that an article was classified under a certain provision of the TSUSA, due to the existence of a uniform and established practice. No such uniform and established practice exists under the HTSUSA classifying motorized television camera lenses in Heading 8529.

The importer also cites Chapter 90 Note 2 in support of classification of the merchandise in Heading 8529. Chapter 90 Note 2, however, applies to the classification of parts of Chapter 90 articles; the articles for which the importer states the lenses are parts are Chapter 85 television cameras, not Chapter 90 articles.

The five types of CCTV lenses under consideration are classified as lenses, mounted, being parts of or fittings for instruments or apparatus, objective lenses, in subheading 9002.11.80, HTSUSA.

HOLDING:

The five types of CCTV lenses under consideration are classified as lenses, mounted, being parts of or fittings for instruments or apparatus, objective lenses, in subheading 9002.11.80, HTSUSA.

Sincerely,

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