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HQ 083624


May 1, 1989

CLA-2 CO:R:C:G 083624 jlj 835480

CATEGORY: CLASSIFICATION

TARIFF NO: 9006.52.10

Mr. Alex Hughes, Jr.
Janex Corporation
57 Paag Circle
Little Silver, New Jersey 07739-1738

RE: Classification of a Boxed Set Consisting of a Camera and a Plastic Article

Dear Mr. Hughes:

You inquired about the classification of a boxed set consisting of a camera and a plastic binder imported from Hong Kong.

FACTS:

The instant merchandise is a boxed retail set consisting of a camera and a plastic binder with pages inside it. The retail value of the set is about ten dollars, with the camera worth about four dollars and the plastic binder worth about six dollars.

The camera is a fixed-focus, hand-held, 110 camera, which is reusable and has an inexpensive lens. The plastic binder is a plastic ring-binder measuring about 7 inches by 7 1/4 inches, with some pages inside it.

ISSUE:

What is the classification under the Harmonized Tariff Schedule of the United State Annotated (HTSUSA) of this set?

LAW AND ANALYSIS:

Chapter 39, HTSUSA, provides for plastics and articles thereof. The essential character of the plastic binder with pages is the plastic binder because of its relative size, value and weight. There is no eo nomine provision for plastic binders, therefore the plastic binder is classified either in the heading for other household articles of plastic in Heading 3924 or in the heading for other articles of plastic in Heading 3926, depending upon whether it is principally used in the household or not.

The camera is an inexpensive, small, fixed-focus, hand-held plastic one. It is classified under the specific provision for photographic (other than cinematographic) cameras, other cameras, other, fixed-focus, hand-held, 110 cameras, in subheading 9006.52.10, HTSUSA.

General Rule of Interpretation (GRI) 3, HTSUSA, deals with goods which are put up in sets for retail sale. The Explanatory Notes to GRI 3(b), which provides for "goods put up in retail sets," state that three elements are necessary--(1) at least two different articles which are prima facie classifiable in different headings, (2) articles put up together to carry out a specific activity, and (3) put up in a manner suitable for sale directly to users without repacking (e.g., in boxes). The camera and the plastic binder constitute a set dedicated to the activity of preparing a photographic record.

The camera and the plastic binder with pages are equally important to the function of the set; neither constitutes the essential character of the set. Inasmuch as the essential character is not ascertainable, GRI 3(c), HTSUSA, states that the goods must be classified under the heading which occurs last in numerical order among those equally meriting consideration.

Based on GRI 3(c), the instant set is classified under the applicable provision appearing last in the HTSUSA--the camera provision. The set is therefore classified in subheading 9006.52.10, HTSUSA, dutiable at the general rate of 4 percent ad valorem.

HOLDING:

The instant boxed set is classified under the provision for cameras in subheading 9006.52.10, HTSUSA.

Sincerely,

John Durant, Director

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