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HQ 086631

October 2, 1991

CLA-2 CO:R:C:M 086631 CMS


TARIFF NO.: 9002.11.80, 8529.90.30

Mr. Matthew J. Marks, Esq.
Marks, Murase & White
2001 L St., Ste. 750
Washington, D.C. 20036

RE: Electronic News Gathering (ENG) Television Camera Lenses; Motorized; Servo; Mounted; Zoom; Focus; Objective; Master Relay; Extender; Optical Elements

Dear Mr. Marks:

This is in response to your request dated February 22, 1990, for a classification ruling on certain electronic news gathering (ENG) motorized television camera lenses. The lenses are manufactured by Fuji Photo Optical Co., Ltd. (Fujinon).


The merchandise is described on p. 2 of the importer's October 2, 1990, submission as "ENG lens system[s]". The "system[s]" consist of assemblies incorporating various lenses (e.g. focus, zoom, extender and master relay lenses) and a servo motor. The lens assemblies may contain other attachments such as switches for motorized and manual zooming, for adjusting the iris, or for turning the camera's tape recorder or player on or off.

Certain other articles which the importer describes as parts and accessories are entered separately from the lens assemblies. These articles include a SRD zoom grip, an ERD zoom demand, a CFH focus handle, a MCA mounting clamp, an ECE extension cable, a FMM focus module and a CFC flex cable. Other articles which may be entered separately from the lens assemblies are an ESB shot box, an EPD focus demand, a RCB control box, a FSP focus positional, a FZP module, an EEC shot box cable, a GHA bracket attachment, a FSM focus module and a FSP focus demand.


Is the merchandise classified as mounted lenses in Heading 9002, or as parts of television cameras in Heading 8529?


The Harmonized Tariff Schedule of the United States Annotated (HTSUSA) superseded the Tariff Schedules of the United States Annotated (TSUSA) effective January 1, 1989. The HTSUSA provides that the classification of articles is governed by the General Rules of Interpretation (GRI's). GRI 1 states in pertinent part that "...classification shall be determined according to the terms of the headings and any relative section or chapter notes...".

Heading 9002 in pertinent part describes lenses, mounted, being parts of or fittings for instruments or apparatus. Heading 8529 in pertinent part describes parts of television cameras.

Heading 8529 is a Section XVI Heading. Section XVI Note 1(m) excludes from Section XVI articles of Chapter 90. Pursuant to Section XVI Note 1(m), if the merchandise is an article of Heading 9002 then it is excluded from Heading 8529. Further, the Explanatory Notes to Heading 8529, p. 1379, state that the heading excludes "[l]enses...for television cameras (heading 90.02)" (emphasis in original).

The merchandise is described in the various Fujinon ENG product brochures as "high quality lenses", "complete line of quality lenses", "popular economical lenses", and "lightweight lenses" (emphasis added). The importer's comprehensive product guide which describes the various types of motorized ENG lenses is entitled "Lens Product Guide", and refers on the bottom of the cover of the guide to the importer's "CCD Lenses" (emphasis added).

The motorized lenses under consideration are designed, marketed and known as lenses. The products are described by Heading 9002.

The fact that the lenses are motorized does not preclude their classification in Heading 9002. It is a fundamental and longstanding tariff classification principle that an eo nomine designation of an article, absent legislative intent or other contrary limitation, includes all forms of an article. Nootka Packing Co. Et Al. v. United States, 22 CCPA 464, T.D. 47464 (1935); Crosse & Blackwell Co. v. United States, 36 CCPA 33, C.A.D. 393 (1948). There is no limitation in Heading 9002
excluding lenses which can more effectively function as lenses due to their motorization, and no legislative intent has been shown that such lenses are not classified as lenses in Heading 9002.

Motorized lenses are an advancement in technology over lenses which must be manually focused and otherwise positioned. The motorization feature allows the user to devote more time to aiming the camera towards the target or object, and to spend less time manually focussing or otherwise positioning the lenses. The switches which may be attached to the motorized lens essentially enable the users to operate the product more effectively by having these controls conveniently at their fingertips. Technological advancements of articles are included in eo nomine tariff designations of such articles. Simmon Omega, Inc. v. United States, 83 Cust. Ct. 14, C.D. 4815 (1979).

(Although decided under the TSUSA, electric motorized toothbrushes were found to be toothbrushes, and motorized tweezers to be tweezers, in Kaysons Import Corp. v. United States, 56 Cust. Ct. 146, C.D. 2622 (1966), and Clairol, Inc. v. United States, 7 CIT 377 (1984), respectively).

The importer argues on p. 11 of the October 2, 1990, submission that the merchandise is not described by Heading 9002 because it contains various groups of different lenses and does not perform "single discreet functions". It is stated on p. 11 of the submission that "...if two or more of the [Heading 9002 Explanatory Note] exemplars are mounted together, they become separate and distinct appliances...classifiable elsewhere in the nomenclature." It is argued on p. 12 of the submission that the merchandise is "...not properly described by the term 'mounted lens'".

Heading 9002, however, is not limited to simple discreet objective lenses. The Explanatory Notes to Heading 9002, p. 1461, state that "[t]he objective lens in an optical instrument is the lens system that faces the object, giving an image of the latter. It may be a single lens but is usually a group of lenses in a single mounting" (emphasis added). The Explanatory Notes, p. 1461, also provide that "...the heading includes: (1) Objective lenses, additional lenses...".

The ENG motorized lenses under consideration are classified as lenses, mounted, being parts of or fittings for instruments or apparatus, objective lenses for cameras, in subheading 9002.11.80, HTSUSA.

From the information provided, it appears that the SRD, ERD, CFH, MCA, ECE, FMM, CFC, ESB, EPD, RCB, FSP, FZP, EEC, GHA, FSM
and FSP devices described in the October 2, 1990 submission are classified as parts and accessories in subheading 9002.11.80, HTSUSA.

The classification of the merchandise under consideration is determined pursuant to GRI 1. Thus, the discussion in the importer's February 22, 1990 submission regarding an analysis of GRI 3 will not be addressed.


The ENG motorized lenses are classified as lenses, mounted, being parts of or fittings for instruments or apparatus, objective lenses for cameras, in subheading 9002.11.80, HTSUSA. The SRD, ERD, CFH, MCA, ECE, FMM, CFC, ESB, EPD, RCB, FSP, FZP, EEC, GHA, FSM and FSP devices are classified as parts and accessories in subheading 9002.11.80, HTSUSA.


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