Classification of Litediscs and Litedomes

HQ 086247 February 28, 1990 CLA-2 CO:R:C:G 086247 CB CATEGORY: Classification TARIFF NO.: 9006.99.0000 Ms. Sue Dickson Photoflex Inc. 254 E. Hacienda Avenue Campbell, CA 95008 RE: Classification of Litediscs and Litedomes Dear Ms. Dickson: This ruling is in response to your letter of November 22, 1989, requesting a classification ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), Litediscs and Litedomes imported from Korea. FACTS: Samples were submitted along with your request. According to the information you provided, the Litedisc is a collapsible, portable reflector panel made of nylon with a spring steel collapsible frame. The Litedisc assists the photographer with lighting techniques. The Litedisc comes in several different sizes and colors. It is imported and sold with its own nylon carrying case. The Litedome is made of nylon with five fiberglass support rods per dome. It is portable and comes in different styles, sizes, and colors. Apparently, the Litedome is used to diffuse light, enabling the photographer to capture the right mood of the subject. It is also imported and sold with its own nylon carrying case. ISSUE: Whether the carrying bags accompanying the subject Litedome and Litedisc are classifiable with the dome and disc? LAW AND ANALYSIS: Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that the starting point is the terms of the headings of the tariff and any relevant section or chapter notes. -2- Heading 9006, HTSUSA, provides for photographic (other than cinematographic) cameras...parts and accessories thereof. You have stated that the subject Litedome and Litedisc are used by photographers to diffuse lighting. Absent evidence to the contrary, the subject merchandise is classifiable as an accessory for photographic cameras in subheading 9006.99.0000, HTSUSA. Regarding the carrying bags, GRI 5 provides that the following: 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 carrying bags at issue fit in this category of goods. The bags are specially shaped to fit the Litedome and Litedisc. The bags are an unusual shape and size so they are obviously designed to fit a certain product. The bags are not classifiable separately; they are classifiable with the Litedome and Litedisc. HOLDING: The Litedome and Litedisc together with the carrying bags are classifiable in subheading 9006.99.0000, HTSUSA, which provides for photographic (other than cinematographic) cameras ...parts and accessories thereof, other. The rate of duty is 3.9% ad valorem. Your samples will be returned to you under separate cover. Sincerely, John Durant, Director Commercial Rulings Division