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NY G83726




November 7, 2000

CLA-2-85:RR:NC:1:108 G83726

CATEGORY: CLASSIFICATION

TARIFF NO.: 8525.40.8085

Mr. Robert Scarlett
A. Burghart Shipping Company
1 Cross Island Plaza
Rosedale, NY 11422

RE: The tariff classification of a Camirror from Japan.

Dear Mr. Scarlett:

In your letter dated October 10, 2000, on behalf of CBC (America), Corporation, you requested a tariff classification ruling.

The item in question is denoted as the Camirror (Eyewear Selector), model number CM09 (sample submitted). The item is an 18” x 12” table top device which is composed of a mirror, an analog CCD still image camera, a 7” diagonal LCD monitor and a remote control device which are all contained in a single housing except for the remote control device. It is attached by a cable. The entire apparatus is designed for use when a person is purchasing eyeglasses. It is designed so that the purchaser can view themselves with a perspective pair of glasses through the mirror and the eyeglass professional takes up to 4 still images, at varying angles, which can be viewed on the reverse side LCD monitor. This allows the purchaser to select a desired pair of glasses. The Camirror can store up to 4 still images for future reference. It should be noted that the camera is in fact an analog still image camera and not a digital still image camera.

The Explanatory Notes (EN’s) of the Harmonized Commodity description and Coding System may be used to understand the language of the HTSUSA. EN IX states in pertinent part that:

Composite goods made up of different components shall be taken to mean those in which components are attached to each other to form a practically inseparable whole provided these components are adapted to one another and are mutually complementary and that together they form a whole which would not normally be offered for sale in separate parts.

The Camirror qualifies as a composite good because the components together form an inseparable whole and are mutually complimentary for the designed function of selecting an appropriate pair of eyeglasses.

GRI 3(b) states, in pertinent part, 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 3a, shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable.

EN VIII to GRI 3(b) states that the factor, which determines essential character, will vary as between different kinds of goods. It may for example, be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods.

Upon physical examination of the article, review of the submitted literature and a demonstration it is the opinion of this office that the essential character of the “Camirror” is imparted by the analog still image camera. The camera enables the user and purchaser to decide on the best eyewear. The 4 image still image feature enables the purchaser to make a preferred personal choice. The entire process and use of the Camirror is predicated on the camera.

The applicable subheading for the Camirror will be 8525.40.8085, Harmonized Tariff Schedule of the United States (HTS), which provides for Transmission apparatus for radiotelephony, radiotelegraphy, radiobroadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras; still image video cameras or other video camera recorders: Still image video cameras and other camera recorders: Other Other. The rate of duty will be 2.1 percent ad valorem.

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 Michael Contino at 212-637-7039.

Sincerely,

Robert B. Swierupski
Director,

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