Clarification of HRL 470154; ITC Inv. No. 337-TA-406

HQ 471535 September 6, 2001 ENF 4-02 RR:IT:IP 471535 CRS CATEGORY: 19 U.S.C. § 1337; Unfair Competition Peter A. Quinter, Esq. Becker & Poliakoff, P.A. P.O. Box 9057 Ft. Lauderdale, FL 33310-9057 RE: Clarification of HRL 470154; ITC Inv. No. 337-TA-406 Dear Mr. Quinter: The purpose of this letter is to clarify Headquarters Ruling Letter (HRL) 470154, issued January 26, 2001, on behalf of your client, Sky Light Industrial Ltd. At issue in HRL 470154 was whether certain cameras were lens-fitted film packages such that they were excluded from entry into the United States pursuant to the general exclusion order issued by the U.S. International Trade Commission in Inv. No. 337-TA-406. Photographs of the cameras at issue in HRL 470154 are displayed below. K100 TSF 2000 CT104 In the “Facts” portion of the HRL 470154 we stated in regard to the subject cameras that “when a photograph is taken, the film winds into the film cartridge. When the last photograph is taken, the film must be manually rewound into the film cartridge before the cartridge can be removed.” The first part of that statement is incorrect. Similarly, in the “Law and Analysis” section of the ruling we stated that “once a photograph is taken, the film winds into the film cartridge. When the last photograph is taken, the film must be manually rewound into the film cartridge before the cartridge can be removed.” Again, the first part of that statement is incorrect. Rather than winding into the film cartridge, once an exposure is made the film in the subject cameras winds out of the film cartridge. Then, once the last exposure is made, the film must be rewound back into the film cartridge before the cartridge can be removed. In contrast, as defined in the ITC’s Opinion, the film in lens-fitted film packages winds into the film cartridge once an exposure is made. Thus, with regard to the subject cameras, the fact that the film winds out of the film cartridge when an exposure is made, distinguishes the cameras from the lens-fitted film packages described in the ITC’s general exclusion order in Inv. No. 337-TA-406. We regret any confusion that may have resulted from the misstatements in HRL 470154, which is hereby modified in conformity with the foregoing. However, inasmuch as these errors did not affect the holding in the decision, the clarification does not require that we provide for notice and comment pursuant to 19 U.S.C. § 1625(c). Should you have any further questions regarding this matter, please contact Charles Steuart of my staff at (202) 927-1996. Sincerely, Joanne Roman Stump, Chief Intellectual Property Rights Branch