The tariff classification of 35 mm cameras preloaded with film from China

NY G84359 November 22, 2000 CLA-2-90:RR:NC:MM:114 G84359 CATEGORY: Classification TARIFF NO.: 9006.53.0050 Mr. Terry D. White CS Industries 110 E. Progress Dr. West Bend, WI 53095 RE: The tariff classification of 35 mm cameras preloaded with film from China Dear Mr. White: In your letter dated October 13, 2000 you requested a tariff classification ruling. The SM-33 camera is a 35mm camera with a built-in electronic flash. It contains a roll of ASA 400 film with 27 exposures on the roll. You state in your letter that the camera is reloadable with film and is not intended for use as a single-use camera. The printed cardboard packaging refers to the camera as the SM-33 Quick Flash Preloaded Camera. The SM-33 has the following features: a hinged back which can be opened so that the camera can be reloaded with film by either the customer or the manufacturer; a replaceable battery; an exposure counter that returns to the starting number when the camera back is opened; and a film canister system (a double cartridge film system) which will be sold separately to allow the reloading of the film by the consumer if desired. You indicate that your company plans to sell a double cartridge film system to consumers both by mail and through retailers. This will allow the consumers to replace the film themselves. Alternatively, the consumer will be able to exchange a camera with exposed film for another preloaded camera. The applicable subheading for the SM-33 Quick Flash Preloaded Camera will be 9006.53.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for photographic cameras, other; for roll film of a width of 35mm; other, with built-in electronic stroboscopic flash. The rate of duty will be free. For your information, there is an ITC Exclusion Order on disposable (single-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 (disposable cameras). The determination of whether your preloaded camera is subject to the ITC Exclusion Order will be made independently of the tariff classification ruling. If you require a written ruling on whether the exclusion order applies to your camera, you should submit a ruling request with a sample of the camera to the following office: Intellectual Property Rights Branch, Office of Regulations and Rulings, 3rd Floor, Ronald Reagan Building, 1300 Pennsylvania Avenue, NW, Washington, DC 20229. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). 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 212-637-7058. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division