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NY J88504

September 24, 2003

CLA-2-90:RR:NC:MM:114 J88504


TARIFF NO.: 9006.52.3000

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a one time use APS camera from China

Dear Ms. Aldinger:

In your letter dated September 4, 2003 you requested a tariff classification ruling.

The Rite Aid Dual Mode One Time Use Camera is a plastic camera which is approximately 4-1/2 inches by 2-½ inches in size and contains APS color print film. The camera has a built-in flash and is a focus-free camera. The mode can be switched from the regular picture mode to the zoom mode by pressing a button on the front of the camera.

The applicable subheading for the one time use APS camera will be 9006.52.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for other cameras, other, for roll film of a width less than 35 mm, fixed focus, hand held, other. The rate of duty will be 4 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

For your information, there is an ITC General Exclusion Order on the importation of one time use cameras. The order is the General Exclusion Order issued in response to ITC Investigation No.337-TA-406 on certain lens-fitted film packages. The determination as to whether the Rite Aid Dual Mode One Time Use Camera containing APS film is subject to ITC General Exclusion Order 337-TA-406 will be made independently of the tariff classification ruling. In order to obtain a ruling on whether the general exclusion order applies to your camera, you should submit a ruling request with a sample of the camera to the following office: Customs and Border Protection, Intellectual Property Rights Branch, Office of Regulations and Rulings, 1300 Pennsylvania Ave., NW, Mint Annex, Washington, DC 20229.

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 646-733-3019.


Robert B. Swierupski

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