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July 20, 1999

CLA-2-85: RR:NC:1:108 E84637


TARIFF NO.: 8525.40.4000, 8524.39.4000

Mr. Brett Ian Harris
Grunfeld, Desiderio, Lebowitz & Silverman LLP 245 Park Avenue, 33rd Floor
New York, NY 10167-3397

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

Dear Mr. Harris:

In your letter dated July 13, 1999, on behalf of your client Midwest Micro Corp., P.O. Box 310, Fletcher, Ohio 45326-0310 you requested a tariff classification ruling. Also per our telephone conversation of July 12, 1999 you indicated that the sample provided was that of NY Ruling 82810 for it is identical to that of the instant ruling except for the different brand name.

The item in question, sample provided, is a digital still image camera. It is to be marketed under the “Systemax” brand name. The digital camera has a CCD sensor, a removable 2MB-memory card, and a pixel resolution of 640x480 and a storage capability of 8-26 images.

It comes packaged for retail with a fitted carrying case, wrist strap, lithium battery, RS-232 cable, instruction manual and a CD-ROM software application.

The applicable subheading for the Systemax Digital Camera package for retail sale 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; 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 0.7 percent ad valorem.

The applicable subheading for the CD-ROM software, in accordance with Legal Note 6 of chapter 85, will be 8524.30.4000 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 0.9 percent ad valorem taken on the cost of the carrier medium as per TD 85-124.

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.


Robert B. Swierupski

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