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July 29, 1999

CLA-2-90:RR:NC:MM:114 E84750

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.2000; 4202.92.9026; 9006.53.0070

Ms. Andrea Pietri
Savant Customs Brokers & Freight Forwarders, Inc. 11 Broadway, Suite 1068
New York, New York 10004

RE: The tariff classification of Ultronic Panoramic 35mm Camera, camera case and picture frame from China

Dear Ms. Pietri:

In your letter dated July 12, 1999, on behalf of Kinetic Marketing Inc., you requested a tariff classification ruling. Samples of the Ultronic Panoramic 35mm Camera, camera case and picture frame were submitted with the ruling request.

The submitted samples consist of a camera, camera case and picture frame. You indicate in your letter that the publisher, Time Inc., will give the items as a gift for subscribing to their magazine. The camera, camera case and picture frame are packed together in a cardboard box and sent to the subscriber. The camera is a fixed-focus 35mm panoramic camera. The camera is without a built-in flash unit. The operating instructions indicate that the camera should be used outdoors in bright sunlight. ISO 200 film is recommended for best results. The camera has the additional features of a panoramic extra bright viewfinder, built-in lens cover with shutter lock and adjustable neck strap. The camera case of man-made textile materials measures approximately 3 inches in length, 5 inches in height and 2 inches in width. The top of the case has a fold down flap secured by velcro. The case has a strap for carrying over the shoulder. The front of the picture frame has a cutout that measures approximately 9 1/2 inches in length and 3 1/4 inches in height. The cutout is covered with a clear plastic sheet to display a panoramic photograph that would be inserted through an opening in the back of the frame. The back of the frame incorporates a foldout stand that allows the frame to be displayed in an upright position on a flat surface. The camera, camera case and picture frame are made in China. For tariff classification purposes the camera, camera case and picture frame are not considered to be a set and will be classified accordingly.

The submitted items are classifiable under three separate headings or subheadings of the tariff. GRI 3 applies when goods are put up for sale collectively and are classifiable under two or more headings of the tariff. GRI 3(b) covers goods put up in sets for retail sale. Explanatory Note X to GRI 3(b) defines “goods put up in sets for retail sale.” Such goods: (a) consist of at least two different articles that are classifiable in different headings, (b) consist of products put up together to meet a particular need or carry out a specific activity, and (c) are put up in a manner suitable for sale directly to users without repacking. The submitted items fail, in our opinion, to constitute a set for tariff classification purposes. They meet the criteria of elements (a) and (c) above. The camera, camera case and photo album do not consist of products put up together to meet a particular need or carry out a common specific activity. Having failed as a set in accordance with GRI 3(b) the items must be classified separately.

The applicable subheading for the picture frame will be 3924.90.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for other household articles, of plastics; other; picture frames. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the Ultronic Panoramic 35mm Camera will be 9006.53.0070, 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 35mm; other; other. The rate of duty will be free.

The applicable subheading for the camera case will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcasesÂ, binocular cases, camera casesÂ, and similar containers; other; other; other; of man-made fibers. The rate of duty will be 18.8 percent ad valorem.

HTS 4202.92.9026 falls within textile category designation 670. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 212-637-7058.

Sincerely,

Robert B. Swierupski
Director,

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