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NY N026357




May 9, 2008

CLA-2-70:OT:RR:NC:1:126

CATEGORY: CLASSIFICATION

TARIFF NO.: 7009.10.0000

Mr. Robert Noell
Cain Customs Brokers, Inc.
1701 East Industrial
P.O. Box 1809
Hidalgo, TX 78557

RE: The tariff classification of a glass rear-view mirror from Mexico

Dear Mr. Noell:

In your letter dated April 11, 2008, on behalf of your client, Velvac, Inc., you requested a tariff classification ruling. A representative sample was submitted and will be returned to you as requested.

The submitted sample, which is referred to as “Velvac Vmax or Vmax3 Mirror Head with ClearCam”, is a large, framed, glass rear-view mirror that is attached to a metal mounting arm. An infrared camera is affixed onto the mirror head. You state that a monitor, which will be used in conjunction with the camera, will not be imported with the camera. The mirror provides rear-view vision; the camera is an auxiliary aid for lane changes and backing up. The product is designed for recreational, bus and specialty vehicle applications.

The applicable subheading for the framed glass rear-view mirror with camera will be 7009.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for...glass mirrors, whether or not framed, including rear-view mirrors: rear-view mirrors for vehicles. The rate of duty will be 3.9 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).

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 Jacob Bunin at 646-733-3027.

In your letter you also inquired about the classification of the infrared camera when imported without the glass rear-view mirror. Your inquiry does not provide enough information for us to give a classification ruling on the infrared camera when imported alone. Please submit the additional information below.

Does the camera unit contain optical elements, for example, a lens (meaning optical lens) etc.

What do you mean by the statement “the infrared LED lights are activated by photo sensor?” Is there any components in the camera that operates in the infrared range or is it just the LED light that activates?

Are there two separate and distinct cameras, one for digital (uses electromagnetic radiation) and one that is an infrared camera or is there one camera that contains digital and infrared technology? Please explain in detail how this/these camera(s) operates.

Does the camera contain a CCD and infrared technology? Please explain in detail how this camera functions, including what type of technology is being used.

Is the camera color? Is it gyrostabilized?

When this information is available, you may wish to consider resubmission of your request regarding the camera alone. If you decide to resubmit your request, please resubmit a copy of your original letter and attachments, along with the requested information in this notice.

Please mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

If you have any questions regarding the above, contact National Import Specialist Lisa Cariello at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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