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NY H87527

February 6, 2002

CLA-2-85:RR:NC:1:108 H87527


TARIFF NO.: 8525.40.4000

Mr. Brian Cochran
6505 Kaiser Drive
Fremont, CA 94555-3615

RE: The tariff classification of digital cameras from China.

Dear Mr. Cochran:

In your letter dated January 7, 2002 you requested a tariff classification ruling.

The items in question are digital cameras. They are denoted as the ClickSmart 310 and the ClickSmart 510 models.

The ClickSmart 310 can function as both a PC camera, capturing live images in real time, and as a digital still image camera with a storage capability of 160 pictures. The pictures are stored on the internal memory of the camera. The ClickSmart 510 can also function as a PC camera and as a digital still image camera with storage capability of 480 pictures on standard resolution. The images are stored on an 8MB flash memory card. Neither model has a LCD screen for viewing of the images taken. It should be noted that this office considers both camera models to be a composite good. This is based upon their ability to function as both a television type camera, capturing live images in real time, and as a digital still image camera with storage capability.

GRI 2b states that if a product is a mixture or combination of materials or substance that are, prima facie, classifiable in two or more headings, then GRI 3 applies. GRI 3b provides that mixtures, composite goods consisting of different materials or made up of different components, shall be classified as if they consisted of the material or component, which gives them their essential character. The article is a composite good made up of a television type camera and a digital still image camera. Therefore, the component that imparts the essential character to these articles determines the classification.

EN VIII to GRI 3b states that the factors will vary as between different kinds of goods to determine its essential character. “It may, for example, be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods.”

Based upon the configuration of these cameras, as both a television type and a digital still image type, as well as their ease of use as both, this office is of the opinion that neither function constitutes an essential character. Therefore GRI 3c is applicable. It states when goods cannot be classified by reference to 3a or 3b; they shall be classified under the heading, which occurs last in numerical order among those which merit equal consideration.

The applicable subheading for the ClickSmart 310 and the ClickSmart 510 digital cameras 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 camera recorders; digital cameras: Still image video cameras and other video camera recorders; digital cameras: Digital still image video cameras. The rate of duty will be free.

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 646-733-3014.


Robert B. Swierupski

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