Camera Cases

HQ 083360 June 5, 1990 CLA-2:CO:R:C:G 083360 SR CATEGORY: Classification TARIFF NO.: 4202.92.9020; 4202.92.9040; 4202.99.0000 Mr. Gerald N. Campe Minolta Corporation 101 Williams Drive Ramsey, NJ 07446-1293 RE: Camera Cases Dear Mr. Campe: This is in reference to your letter dated September 12, 1988, requesting the tariff classification of camera cases under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Samples of unknown origin were produced. FACTS: The merchandise at issue consists of camera cases. There are two kinds of camera cases; soft cases and leather fitted cases. The soft cases are designated as item numbers 6483-260, 6479-260, 6480-260, 6484-260, 6488-260, and 6477-260. All of the cases, with the exception of item 6488-260, are composed of vinyl sheeting material or textile-backed plastics. Item 6488-260 is composed of woven nylon fabric with some vinyl material. All of the cases have velcro or snap closures. They are designed to be used with particular models of compact 35mm cameras. They are sold separately from the cameras. The other type of camera case at issue, item CF-73L, is composed of stiff black leather that is lined with a textile material. It is specially fitted and shaped to hold a Maxxum 7000/5000 SLR camera. ISSUE: What are the classifications of the camera cases at issue? -2- LAW AND ANALYSIS: Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI), taken in order. GRI 5 provides as follows: (a) Camera cases, musical instrument cases, gun cases, drawing instrument cases, necklace cases and similar containers, specially shaped or fitted to contain a specific article or set of articles, suitable for long- term use and entered with the articles for which they are intended, shall be classified with such articles when of a kind normally sold therewith. This rule does not, however, apply to containers which give the whole its essential character; The Explanatory Notes constitute the official interpretation of the tariff at the international level. The Explanatory Notes to GRI 5(a) state: (I) This Rule shall be taken to cover only those containers which: (1) are specially shaped or fitted to contain a specific article or set of articles, i.e., they are designed specifically to accommodate the article for which they are intended. Some containers are shaped in the form of the article which they contain; (2) are suitable for long-term use, i.e., they are designed to have a durability comparable to that of the articles for which they are intended. These containers also serve to protect the article when not in use (during transport or storage, for example). These criteria enable them to be distinguished from simple packings; (3) are presented with the articles for which they are intended, whether or not the articles are packed separately for convenience of transport. Presented separately the containers are classified in their appropriate headings; (4) are of a kind normally sold with such articles; and (5) do not give the whole its essential character. -3- The leather Minolta case CF-73L, if imported with the camera, does meet the criteria required under GRI 5(a). This case is specially fitted to hold a specific type of camera, it is sturdy and has a durability comparable to that of a camera, and the leather is hard enough to protect the camera from blows and the textile interior prevents the camera from being scratched. Information provided by the importer states that the camera cases were imported separately from the cameras, however, they intended to begin importing the cases with the cameras. They are of a kind normally sold with the camera and they do not impart the essential character. The soft camera cases would not meet the requirements of GRI 5(a). They are not specially shaped or fitted, they are not as durable as a camera, and they are not normally sold or packaged with the camera. Heading 4202, HTSUSA, provides for camera cases. Further breakout under this heading is determined by the material that makes up the outer surface. All the soft camera cases have outer surfaces of plastics. HOLDING: The fitted leather camera case at issue CF-73L, is classifiable with the camera with which it is imported; according to GRI 5(a). If this camera case is imported separately from the camera, it is classifiable under subheading 4202.99.0000, HTSUSA, which provides for camera cases, other, other. The rate of duty for this provision is 20 percent ad valorem. Soft camera cases, numbers 6483-260, 6484-260, 6477-260, and 6480-260, are also classifiable under subheading 4202.99.0000, HTSUSA, as camera cases, other, other. The rate of duty is 20 percent ad valorem. Soft camera case number 6479-260 has a cellular plastic backed with a textile fabric which is present merely for reinforcement purposes. It is classifiable under subheading 4202.92.9040, HTSUSA, which provides for camera cases, other, with outer surface of plastic sheeting or of textile materials, other, other, other. The rate of duty is 20 percent ad valorem. The camera case number 6488-260, that has an outer surface of nylon is classifiable under subheading 4202.92.9020, HTSUSA, as camera cases, other, with outer surface of plastic sheeting or of textile materials, other, with outer surface of textile materials, other, of man-made fibers. The textile category number is 670, and the rate of duty is 20 percent ad valorem. -4- Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements. The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an issuance of the U.S. Customs Service, which is updated weekly and is available at your local Customs office. Headquarters Ruling Letter (HRL) 083860, dated April 24, 1989, classified a similar nylon soft camera case under subheading 4202.12.8030, HTSUSA. Based on the current decision, HRL 083860 is hereby modified accordingly. Sincerely, John Durant, Director Commercial Rulings Division 6 cc A.D. New York Seaport 1 cc Durant 1 cc legal reference