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NY N005651




February 2, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8525.30.9005

Ms. Wendy Sudsinsunthorn
Summit Products, LLC
7299 Gadsden Highway
Trussville, AL 35173

RE: The tariff classification of a wireless video camera from China.

Dear Ms. Sudsinsunthorn:

In your letter dated January 17, 2007, you requested a tariff classification ruling.

The subject merchandise, based on the submitted information, is a wireless battery-operated video camera, which is referred to as the “Backyard Safari STM TV Lab.” This camera is mounted onto an adjustable arm, which is affixed to a flat-bottom base. It includes an eight-foot video cord with RC jack and has three different lenses (a Macro, a Telephoto, and a Special Effects lens). This wireless video camera, which is designed to be connected to a television, captures live images in real time and does not have any built-in recording or storage capability.

Although you refer to this merchandise as a “toy video camera,” it has been found not to be principally used as a toy for tariff classification purposes.

The applicable subheading for this wireless video camera will be 8525.30.9005, Harmonized Tariff Schedule of the United States (HTSUS), 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 and other video camera recorders; digital cameras: Television cameras: Other Color. The rate of duty will be 2.1 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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

Pursuant to title 19 United States Code, Section 3005 The Harmonized Tariff Schedule of the United States is in the process of being amended to reflect changes recommended by the World Customs Organization. The amendments are expected to affect the classification of your merchandise. On January 4, 2007, Presidential Proclamation 8097 containing these changes was published in the Federal Register. See 72 FR 453, Volume 72, No. 2. The proclaimed changes are effective for goods entered or withdrawn from warehouse for consumption on or after February 3, 2007. Once those changes are in effect, it is anticipated that your merchandise will be classified in 8525.80.3010, HTSUS.

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 Lisa Cariello at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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