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

NY H83773 July 26, 2001 CLA-2-90:RR:NC:MM:114 H83773 CATEGORY: Classification TARIFF NO.: 9006.53.0010 Ms. Pilar Dorfman E. Besler & Company P.O. Box 66361 Chicago, IL 60666-0361 RE: The tariff classification of 35mm cameras preloaded with film from China Dear Ms. Dorfman: In your letter dated July 11, 2001, on behalf of LTD Commodities, Incorporated, you requested a tariff classification ruling. Samples of four 35mm cameras with tent cards from China were furnished with the ruling request. The submitted sample, item number 404049-9WMM, is identified as a Set Of 4 Wedding Memories Cameras and Tent Cards. The Set Of 4 Wedding Memories Cameras and Tent Cards consists of four 35mm cameras preloaded with film, and four tent cards with instructions for using the cameras. Each of the submitted cameras is a disposable 35mm camera that contains a roll of ISO 400 color film with 15 exposures on the roll. The camera features a shutter release button, pictures remaining window, and built-in electronic flash. Each camera is packaged in a cardboard box, and is then packed in a clear plastic bag. The front of the cardboard packaging is printed with red roses and has the words “Wedding Memories” printed over the pink outline of a heart. The back of the cardboard packaging contains instructions for taking pictures with the flash and without the flash. Each tent card measures approximately 3 1/2 inches in length and 3 3/4 inches in width. The front of the card explains that the newlyweds are inviting their guests to take pictures of the reception. The back of the card provides instructions for using the camera. The card has a base for placing it on a table. Four cameras in individual packaging and four table cards are packed in a cardboard box ready for retail sale. The cardboard box is printed with red roses and has the words “Wedding Memories” printed over the pink outline of a heart. The back of the cardboard packaging indicates that the newlyweds should put a camera and tent card on every table at the reception to encourage their guests to take candid shots of each other. The packaging instructions state that after the reception, the cameras should be collected and taken to a photofinisher for developing. Your sample is being returned as requested. The applicable subheading for the Set Of 4 Wedding Memories Cameras and Tent Cards will be 9006.53.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for photographic (other than cinematographic) cameras; other cameras; other, for roll film of a width of 35mm; one time use cameras; 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 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 Regulation 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