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NY J83906

May 27, 2003

CLA-2-90:RR:NC:N1:105 J83906


TARIFF NO.: 8536.50.9065, 8537.10.9070, 9018.49.8040

Mr. Richard J. Housman
Sandler & Travis Trade Advisory Services, Inc. 1100 S.W. Sixth Avenue, Suite 1212
Portland, Oregon 97204

RE: The tariff classification of a dental camera from Italy

Dear Mr. Housman:

In your letter dated April 18, 2003, for A-dec Inc., you requested a tariff classification ruling.

No samples were provided. You describe the import as follows: “The A-dec/Elca intraoral dental camera assembly consists of several distinct components, which together allow a dentist to view images on either a monitor or a PC. The components are imported together in a shipping carton suitable for resale to the dental trade. There will be two versions of this intraoral camera. The ‘Table Top’ camera assembly includes a molded plastic control base that can rest on a table or tray. The ‘Integrated’ assembly has its control functions in a panel, which attaches to existing dental equipment.

The A-dec/Elca dental camera is made up of the following components:

1) The Camera Handpiece. The camera is incorporated into a dental handpiece, at the end of which are five LED’s and a mirror. The LED’s provide the necessary light to illuminate the inside of the patient’s mouth, while the mirror reflects the image further into the handpiece. A CCD (charged-coupled device) in the handpiece captures the image. The outer shell is made of titanium. There is a control ring which changes the image from a close-up ‘macro’ image for close-ups in the mouth to an ‘intra’ image for normal viewing of the mouth, to an ‘extra’ image for views outside of the mouth. This handpiece performs no other dental functions other than to operate as a camera. The camera handpiece is manufactured in Italy by Elca Elettronica.

2) The Control Base/Control Module. The base or module consists of a molded plastic shell in which resides the printed circuit board which operates the various camera functions. There are electrical sockets and connectors. Controls on the base allow the dentist to turn the camera on and off, turn the lighting on and off, and change over from a normal image to a mirror image. The ‘Table Top’ style base includes the tubing to connect to the camera and also serves as a storage unit for the tubing and the camera handpiece. (The ‘Integrated’ version has the tubing as a separate component of the assembly.) This base/module is also manufactured in Italy by Elca Elettronica.

3) A Foot Pedal. The foot pedal is imported as part of the ‘Table Top’ assembly. It allows the dentist to ‘freeze frame’ the image and thus takes a picture of a specific area of the mouth. This foot pedal will be manufactured in the United Kingdom.”

You are requesting the classification of the full camera assembly and of the camera handpiece, the control base/control module, and foot pedal if imported separately

You note that still image video cameras and other video camera recorders (heading No. 85.25) are excluded from Chapter 90 by its note 1-h. However, we do not believe that that language, appearing in HTS 8525.40, applies to your import since it does not have any permanent storage capability. See Harmonized System Explanatory Note D to 85.25. We do not find either of them excluded from Chapter 90 by its note 2-a.

The applicable subheading for the full camera assembly and the camera handpiece will be 9018.49.8040, Harmonized Tariff Schedule of the United States (HTS), which provides for dental hand instruments and parts and accessories thereof. The rate of duty will be free.

We agree that the applicable subheading for the control base/control module will be 8537.10.9070, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading no. 85.35 or 85.36, for electric control or the distribution of electricity, including those incorporating instruments or apparatus of chapter 90, and numerical control apparatus, other than switching apparatus of heading no. 85.17, for voltage not exceeding 1,000V. The rate of duty will be 2.7 percent ad valorem.

We agree that the applicable subheading for the foot pedal will be 8536.50.9065, Harmonized Tariff Schedule of the United States (HTS), which provides for other switches: other: other. The rate of duty will be 2.7 percent ad valorem.

In addition, you state: “Finally, we request a decision on the proper country of origin marking for this product when imported as a full camera device and in its retail packaging. Because the camera handpiece and the control base are both made in Italy and convey the substantial character of the assembly, we feel that the country of origin of this item is Italy and that ‘Made in Italy’ printed on four sides of the box adequately notifies the end user of the origin of the product. The country of origin information will be printed on each box side which also conveys A-dec Inc. geographical information and in the same size print as any geographic names.”

We agree that Italy is the country of origin of the composite good which is the full camera device. Since you have not submitted samples of the packaging that will be used so we cannot rule whether it would be acceptable in terms of clarity, prominence, etc, but we do not disagree with any of the statement you make.

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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