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NY J83775

May 21, 2003

CLA-2-90:RR:NC:N1:105 J83775


TARIFF NO.: 9018.19.9550

Mr. Kerry Malone, Compliance Associate
Canon USA, Inc.
One Canon Plaza
Lake Success, NY 11042

RE: The tariff classification of aCF-60UD Fundus Camera from Japan

Dear Mr. Malone:

In your letter dated April 22, 2003, you requested a tariff classification ruling.

No sample was submitted.

You describe your CF-60UF as: “At time of import, the Canon CF-60UD is imported as an assembled complete unit Fundus Camera. The CF-60UD is exclusively designed for taking a picture of the bottom layer of the eyeball called the fundus. This machine is neither capable nor designed to perform any other function. This machine is primarily bought by hospitals, and doctors (ophthalmologist/retina specialist) and in many cases used by an ophthalmic photographer who is qualified to perform such a special photography. The pictures allow doctors to determine if patients have diabetic retinopathy, choroidal hemangioma, macular degeneration, or other fundus problems.”

From the documentation submitted, the CF-60UD includes its own stand and controls, a split-line focusing system, a correct working distance adjustment, and other features.

Noting Headquarters Ruling Letter 961705, we agree that the applicable subheading for the CF-60UD will be 9018.19.9550, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” electro-diagnostic apparatus. The rate of duty will be free.

Regarding classification of the listing of components which will be imported separately, we are returning your request for a classification ruling, and any related samples, exhibits, etc., because we need additional information in order to issue a ruling.

You state, “the optional accessories and parts that are mentioned in the CF-60UD brochure, mentioned below, that can be used solely for the CF-60UD should be classified as 9018.19.9560. This is not necessarily the case. For example, in accordance with Note 2-a to Chapter 90,
components, imported separately, which are in themselves covered by any of the cited Headings are in all cases classified in that heading. Specifically concerning the 35mm film camera, the Harmonized System Explanatory Note Exclusion h, states that 9018 does not cover: (h) Photographic cameras (heading 90.06) unless incorporated permanently in the instruments or appliances of this heading.

Please submit the additional information indicated below:

Samples, photographs, drawings or other pictorial representations of each component. Do not send any samples which either cost more than $50 or weigh more than 5 pounds.

Descriptive literature or a detailed explanation on the use of each component.

Descriptive literature or a detailed explanation on how each component operates/functions.

For each component, but especially the 35mm Film Camera and the Polaroid Color Back Unit, what specific physical features identify it as usable solely in the CF-60UD and no other device? Were the specifications for each component prepared only in designing the CF-60UD? If otherwise, what were the circumstances?

Please limit your ruling request to a maximum of 5 items of the same class or kind.

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 J. Sheridan at 646-733-3012.


Robert B. Swierupski

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