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NY F89745




August 2, 2000

CLA-2-90:RR:NC:MM:114 F89745

CATEGORY: CLASSIFICATION

TARIFF NO.: 9006.53.0010; 3702.54.0030; 3923.40.0010

Mr. Terry White
Creative Services LLC
110 E Progress Drive
West Bend, WI 53095

RE: The tariff classification of photographic cameras, photographic film, and parts of photographic cameras from various countries

Dear Mr. White:

In your letter dated July 12, 2000, you requested a tariff classification ruling.

The 35 mm camera with a built-in flash unit will be imported from China. The camera is a recycled camera that has been reloaded with fresh film and repackaged. The cardboard packaging refers to the camera as a single use camera.. When the consumer has used all of the exposures, the entire camera will be sent to the photofinisher for processing. The cardboard packaging on the camera is marked “Warning: To Avoid Possible Shock, Do Not Open Carton.” The packaging also states that the camera will not be returned to the customer after processing.

According to your letter, the 35 mm camera will be imported in several ways. The 35 mm camera will be imported without film loaded in the camera. The 35 mm camera will be imported with film loaded into the camera. The 35 mm camera will be imported with film loaded in the camera and the camera packaged in its retail cardboard packaging.

You also request the classification of the film and canister imported together. The film that is spooled into the canister is from the United States, Japan, Italy or Germany. You will also be importing the canister alone.

The applicable subheading for the 35 mm one time use camera with film and packaging, the 35 mm one time use camera with film, and the 35 mm one time use camera imported without film will be 9006.53.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for photographic cameras; other, for roll film of a width of 35 mm; one time use cameras; with built-in electronic stroboscopic flash. The rate of duty will be free.

The applicable subheading for the film and canister together will be 3702.54.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for photographic film in rolls, sensitized but unexposed, 35 mm, other than for slides. The rate of duty will be 3.7 percent ad valorem.

The applicable subheading for the canister imported alone will be 3923.40.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for the conveyance or packing of goods; of plastics; spools, caps, bobbins and similar supports. The rate of duty will be 5.3 percent ad valorem.

For your information, there is a General Exclusion Order issued by the U.S. International Trade Commission in Investigation No. 337-TA-406 on importations of certain Lens-Fitted Film Packages (LFFPs) also known as one time use cameras, single use cameras, and disposable cameras. LFFPs that infringe on one or more of the fifteen patents owned by the Fuji Photo Film Co., Inc., are within the scope of the General Exclusion Order in Inv. No. 337-TA-406. Questions regarding the General Exclusion Order should be directed to the Office of the General Counsel, U.S. International Trade Commission, Washington, D.C. 20436.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Barbara Kiefer at 212-637-7058.

Sincerely,

Robert B. Swierupski
Director,

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