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NY J89623




October 21, 2003

CLA-2-90:RR:NC:MM:114 J89623

CATEGORY: CLASSIFICATION

TARIFF NO.: 9006.53.0020

Ms. Irene Kwok
CDP Asia Limited
26/F., Tower A, Southmark
11 Yip Hing Street
Aberdeen, Hong Kong

RE: The tariff classification of disposable 35mm camera

Dear Ms. Kwok:

In your letter dated September 26, 2003, you requested a tariff classification ruling on a disposable 35mm camera. A sample of the disposable 35mm camera was submitted with the ruling request.

The submitted item number C-76040 is identified as the Next Pocket 35mm Camera. The submitted sample is a fixed focus 35mm camera without a flash unit. The camera uses 35mm film that contains 27 exposures. The camera is capable of being used to take outdoor pictures in daylight only. Pictures are taken by pressing a shutter release button located on the top of the camera and subsequently advancing each frame via a film advancing wheel. The instructions printed on the back of the cardboard packaging indicate that after the last picture is taken, the advancing wheel should be turned until the letter “E” appears in the exposures remaining window. The back of the cardboard packaging also indicates that the film is made in a European Union (EU) country, the components are made in Japan and the camera is assembled in China. The instructions printed on the bottom of the cardboard packaging advise the user to take the complete camera to any photo finisher for processing. The instructions inform the consumer that the factory will recycle the camera so it will not be returned to the user. You have indicated in your letter that the disposable 35mm camera will be used as a promotional item. The camera will be imported in cardboard packaging ready for retail sale.

The applicable subheading for the disposable 35mm camera will be 9006.53.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for photographic (other than cinematographic) cameras; other cameras; other, for roll film of a width of 35 mm; one time use cameras; other. The rate of duty will be free.

For your information, there is an ITC Exclusion Order on disposable (single-use) cameras. The order is the General Exclusion Order issued in response to ITC Investigation No. 337-TA-406 on certain lens-fitted film packages (disposable cameras). The determination of whether your disposable camera is subject to ITC Exclusion Order will be made independently of the tariff classification ruling. If you require a written ruling on whether the exclusion order applies to your camera, you should submit a ruling request with a sample of the camera to the following office: Intellectual Property Rights Branch, Office of Regulations and Rulings, Room 5 - 4, 1300 Pennsylvania Avenue, NW (Mint Annex), Washington, DC 20229.

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 646-733-3019.

Sincerely,

Robert B. Swierupski
Director,

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