HQ 0950411 - Reconsideration HQ 831677; Multiformat Camera; Subheading 9006.59.90; ENs 90.06 (I); H. Conf. Rep. No. 576; focus; Brookside Veneers, LTD v. U.S.; Austin Chem. Co. v. U.S.; McGraw-Hill Dictionary of Scientific and Technical Terms; The Photonics Dictionary; Webster's Third New International Dictionary; The Random House Dictionary of the English Language; 19 CFR 177.9(d)(1); 19 CFR 177.9(d)(2). - United States International Trade Commision Rulings

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HQ 950411

March 2, 1992

CLA-2 CO:R:C:M 950411 AJS

CATEGORY: CLASSIFICATION

TARIFF NO.: 9006.59.40

Mr. Louis Schneider
Freeman, Wasserman & Schneider
90 John Street
New York, N.Y. 10038

RE: Reconsideration HQ 831677; Multiformat Camera; Subheading 9006.59.90; ENs 90.06 (I); H. Conf. Rep. No. 576; focus; Brookside Veneers, LTD v. U.S.; Austin Chem. Co. v. U.S.; McGraw-Hill Dictionary of Scientific and Technical Terms; The Photonics Dictionary; Webster's Third New International Dictionary; The Random House Dictionary of the English Language; 19 CFR 177.9(d)(1); 19 CFR 177.9(d)(2).

Dear Mr. Schneider:

We have been asked to partially reconsider New York Ruling (NY) 831677, issued to your office on October 24, 1988, regarding the tariff classification under the Harmonized Tariff Schedule of the United States (HTSUS) of a Computerized Tomography Scanner System and a Multiformat Camera (MC). This reconsideration concerns only the classification of the MC.

FACTS:

In NY 831677, Customs classified the MC within sub- heading 9006.59.90, HTSUS, as an other photographic camera that is "other than fixed focus" and valued over $10. At that time, we believed that the MC was capable of being focused. However, it has come to our attention that this is not the case.

The MC is an auto-loading cassetteless device which consists of an internal video receiver (i.e., a monitor or CRT), and a means to transfer a video image onto standard
rapid processing transluminated x-ray film. Its sole purpose is to produce a hard copy of the x-ray radiograph. The CRT's focus can be adjusted electronically or by moving the CRT carriage itself.

ISSUE:

Whether the MC is properly classifiable within subheading 9006.59.90, HTSUS, which provides for other photographic cameras which are "other than fixed focused", and valued over $10 each; or classifiable within subheading 9006.59.40, HTSUS, which provides for other photographic cameras which are "fixed focus".

LAW AND ANALYSIS;

Heading 9006, HTSUS, provides for photographic cameras. The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) state that this group covers all kinds of photographic cameras, whether for professional or amateur use. ENs 90.06 (I), p. 1465 (1991). The subject MC is used for medical purposes. There are many types of cameras, but the conventional type consists essentially of a light-tight chamber, a lens, a shutter, a diaphragm, a holder for a photographic plate or film, and a viewfinder. ENs 90.06 (I). The subject MC satisfies this description. It is a camera which uses a video image from a CRT to reproduce, via a mirror and fixed focus lens, an image onto x-ray film. It consists of a light-tight area, a lens, a shutter, a place for film, and a CRT which acts as a viewfinder. While the ENs are not dispositive, they provide a commentary on the scope of each heading and offer guidance for interpretation of the HTSUS. H. Conf. Rep. No. 576, 100th Cong., 2D Sess., p. 549, reprinted in 1988 U.S. CODE CONG. & ADMIN. NEWS p. 1582. Accordingly, we find the above ENs instructive for determining that the subject MC satisfies the terms of heading 9006, HTSUS.

Subheading 9006.59.40, HTSUS, provides for "fixed focus" photographic cameras. In NY 831677, Customs was of the view that the MC was capable of being focused, and thus excluded from classification within this subheading. However, we have received additional information which has caused us to reexamine this conclusion. The MC contains a lens mounted on the light path between the CRT and the film. The sole purpose of this lens is to focus the image from the CRT onto the film. The lens itself cannot be adjusted or moved. This raises the question of whether the MC is in fact capable of being focused.

The term "focus" is not defined in the HTSUS. When this is the case, it is presumed that Congress intended to apply the term's common and commercial meaning. Brookside Veneers, LTD v. United States, 847 F. 2d 789 (1988). To ascertain the common and commercial meaning of a term, dictionaries and other lexicographic authorities may be consulted. Austin Chem. Co. v. United States, 835 F. 2d 1423 (Fed. Cir. 1987). The term "focus" is described as "to move an optical lens towards or away from a screen or film to obtain the sharpest possible image of a desired object." McGraw-Hill Dictionary of Scientific and Technical Terms, (3rd ed. 1984). This term is also described as "to adjust the camera lens, plate or film holder so that the image is rendered distinct." The Photonics Dictionary, Book 4 (35th ed. 1989). See also Webster's Third New International Dictionary, (unabridged 1986) and The Random House Dictionary of the English Language, (unabridged 1983). The MC does not satisfy these descriptions. The lens in the MC cannot be moved or adjusted to obtain a sharper or more distinct image of an object. The CRT is the device that is moved or adjusted. Based on the above descriptions, we do not view this type of movement to be focusing as this term relates to cameras. Therefore, the MC is classifiable as a "fixed focus" camera based on the fact that its lens cannot be focused.

It is stated that the MC is focused by electronic adjustment of the CRT. This adjustment causes a bias voltage change on the focusing grid of the CRT which adjusts the clarity with a focus adjustment. This is a type of electronic focusing. In electronics, the term "focus" is defined as "to control convergence or divergence of the electron paths within one or more beams, usually by adjusting a voltage or current in a circuit that controls the electric or magnetic fields through which the beams pass, in order to obtain a desired image or a desired current density within the beam." McGraw-Hill Dictionary of Scientific and Technical Terms, (3rd ed. 1984). Electronic focusing is different from the optical focusing associated with cameras. Accordingly, we do not view this electronic focusing as the type required in order for the MC to be considered as "other than fixed focus" within the meaning of heading 9006, HTSUS

The focus of the image generated by the CRT can also be affected by adjustment of the rail height of the CRT. This adjustment is only minimal and occurs at the time the MC is set up for use, not each time it is used by an operator. As mentioned previously, either the lens, film holder or plate must move in order for an optical device to capable of being focused. The movement of the rail does not satisfy this
description. Thus, we also do not find this movement of the type required for the MC to be considered as "other than fixed focus" within the meaning of heading 9006, HTSUS.

Subheading 9006.59.90, HTSUS, provides for "other than fixed focus" photographic cameras. As discussed previously, Customs initially classified the MC within this subheading because we were of the view that it could be focused. However, the MC is not in fact "other than fixed focus". Thus, the MC is not properly classifiable within subheading 9006.59.90, HTSUS.

This ruling should be considered a modification of NY 831677 under 19 CFR 177.9(d)(1). It is not to be applied retroactively to your merchandise (19 CFR 177.9(d)(2)), and will not, therefore, affect past transactions for the importation of your merchandise under that ruling. However, for the purposes of future transactions in merchandise of this type, that ruling will no longer be valid precedent. We recognize that pending transactions may be adversely affected by this modification, in that current contracts for importations arriving at a port subsequent to this decision will be classified pursuant to this modification. If such a situation should arise, you may, at your discretion, notify this office and apply for relief from the binding effects of this ruling as may be warranted by the circumstances.

HOLDING:

The Multiformat camera is classifiable within subheading 9006.59.40, HTSUS, which provides for other "fixed focus" photographic cameras, currently dutiable at the General Column 1 rate of 4 percent ad valorem. NY 831677 is modified accordingly.

Sincerely,

John Durant, Director
Commercial Rulings Division

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