The tariff classification of a digital camera from China.

NY H87528 February 1, 2002 CLA-2-85:RR:NC:1:108 H87528 CATEGORY: Classification TARIFF NO.: 8525.40.4000 Mr. Brian Cochran Logitech 6505 Kaiser Drive Fremont, CA 94555-3615 RE: The tariff classification of a digital camera from China. Dear Mr. Cochran: In your letter dated January 8, 2002 you requested a tariff classification ruling. The item in question is a digital camera. It is denoted as the Logitech QuickCam Traveler. This is a multi-purpose camera. This particular camera can be tethered to a PC for the purpose of transmitting live images in real time over the Internet. In this particular mode it functions as a television type camera. It can also be detached and carried by a person to any specific location. It can be used as a digital still image camera. It has storage capability of 200 still images. In this mode it functions as a digital still image camera. Based upon its dual functioning this office would consider this particular model as a composite good. GRI 2b states that if a product is a mixture or combination of materials or substance that are, prima facie, classifiable in two or more headings, then GRI 3 applies. GRI 3b provides that mixtures, composite goods consisting of different materials or made up of different components, shall be classified as if they consisted of the material or component that gives them their essential character. The article is a composite good made up both a television type camera and a digital still image camera. Therefore, the component that imparts the essential character to this article determines the classification. EN VIII to GRI 3b states that the factors will vary as between different kinds of goods to determine its essential character. “It may for example, be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods.” This digital camera clearly has a dual function capability. It can function both as television type camera (live images in real time) and as a digital still image camera with storage capability (up to 200 images); this office is of the opinion that neither function constitutes an essential character. Therefore GRI 3c is applicable. It states that when goods cannot be classified by reference to 3a or 3b, they shall be classified under the heading, which occurs last in numerical order among those which merit equal consideration. The applicable subheading for the Logitech QuickCam Traveler digital camera will be 8525.40.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for Transmission apparatus for radiotelephony, radiotelegraphy, radiobroadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras; still image video cameras or other video camera recorders; digital cameras: Still image video cameras and other video camera recorders; digital cameras; Digital still image video cameras. The rate of duty will be free. 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 Michael Contino at 646-733-3014. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division