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NY R05115

November 6, 2006

CLA-2-85:RR:E:NC:1:108 R05115


TARIFF NO.: 8525.40.4000

Ms. Bernadette Purcell
QVC, Inc.
1200 Wilson Drive
Studio Park
West Chester, PA 19380

RE: The tariff classification of the BinoPix from China.

Dear Ms. Purcell:

In your letter dated October 25, 2006, you requested a tariff classification ruling.

The subject merchandise, based on the submitted information, is referred to as the “Zina BinoPix Binoculars with Digital Camera.” This merchandise combines a pair of binoculars with a digital camera, which also features video recording and PC camera capabilities. It is also put up, at the time of importation, in a retail packed condition with carrying case, software (CD-ROM), neck strap, and USB cable. The digital camera has a 300K pixel CMOS sensor and an internal 4Mx16b memory, as well as the storage capacity of about 90 images (VGA) and about 330 images (QVGA). The purpose of the binoculars, with the capability of magnifying -- approximately tenfold -- the original image, is to aid in viewing and taking pictures from a distance.

It has been determined that this merchandise is a set for tariff classification purposes, and in using the guidance of NY ruling J85254, it is found that the essential character of the set is imparted by the digital camera.

The applicable subheading for the BinoPix will be 8525.40.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Transmission apparatus for radiotelephony, radiotelegraphy, radiobroadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras; still image video cameras and other video 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.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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

Pursuant to title 19 United States Code, Section 3005 The Harmonized Tariff Schedule of the United States is expected to be amended effective 1/1/07. The amendments are expected to affect the classification of your merchandise. Pursuant to Section 3005 c, the report recommending those changes has been sent to the President for proclamation of the changes. Upon the expiration of sixty legislative days, in the absence of Congressional action, the recommended changes will become law. Accordingly based on that recommendation, it is anticipated that your merchandise will be classified in 8525.80.4000, HTSUS, under the 2007 Harmonized Tariff Schedule. Under the circumstances, this classification under the 2007 tariff is advisory only.

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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