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NY G87192




February 15, 2001

CLA-2-85:RR:NC:1:108 G87192

CATEGORY: CLASSIFICATION

TARIFF NO.: 8525.40.4000, 8524.39.4000

Mr. Richard Schweitzer
Total Port Clearance of Florida, Inc.
8725 N.W. 18th Terrace
Suite 209
Miami, FL 33172

RE: The tariff classification of a digital still image camera from Hong Kong.

Dear Mr. Schweitzer:

In your letter dated January 31, 2001 you requested a tariff classification ruling.

The item in question is denoted as the Eye Q Digital Camera. The camera is packaged for retail sale with a USB cable, CD-ROM software application, a vinyl case and strap, a battery and an owner’s manual (sample furnished). The camera is a fully independent functional digital still image camera with storage capability. It can store 81 images on standard resolution, 58 images on fine resolution and 42 images on superfine resolution. It is designed with CMOS advanced imaging, a 3x optical zoom lens and a micro display for instant image playback. The camera is designed for the user to take still image pictures in a digital format, which can then be viewed, on a monitor via a direct USB cable connection. It should be noted that this camera does operate independently and does not require a computer for its picture taking capability.

Explanatory Note X to GRI 3b provides that for the purpose of this rule, the terms “goods put up in sets for retail sale” shall be taken to mean goods which:

A. Consist of at least two different articles which are, prima facie, classifiable in different headings.

B. Consist of products or articles put up together to meet a specific activity; and

C. Are put up in a manner suitable for sale directly to users without repackaging (e.g. in boxes or cases or on boards).

It is the opinion of this office that the Eye Q Digital Still Image Camera, packaged for sale with its accessories does meet the three part test and would be considered a set. It is composed of articles which are prima facie classified in different headings, together they perform the function of taking digital still images and displaying them on a monitor and they are put up in a manner suitable for sale directly to users without repackaging (retail packaging furnished). Since the articles constitute a set and classification cannot be made in accordance with GRI 3(a), the essential character of the set must be determined in accordance with GRI 3(b). 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. After consideration it is the opinion of this office that the digital still image camera imparts the essential character of the set. It performs the dominant function and is the reason why a consumer would purchase the entire set.

In accordance with Legal Note 6 to chapter 85, records, tapes and other media of heading 8523 or 8524 remain classified in those headings, whether or not they are entered with the apparatus for which they are intended.

The applicable subheading for the Eye Q Digital Camera set will be 8525.40.4000, 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 video camera recorders: Digital still image video cameras. The rate of duty will be free.

The applicable subheading for the CD-ROM software application will be 8524.39.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for Records, tapes and other recorded media for sound or other similarly recorded phenomena, including matrices and masters for the production of records, but excluding products of chapter 37: Discs for laser reading systems: Other: For reproducing representations of instructions, data, sound, and image, recorded in a machine readable binary form, and capable of being manipulated or providing interactivity to a user, by means of an automatic data processing machine; proprietary format recorded discs. The rate of duty will be free.

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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