CLA-2 CO:R:C:G 083436 CMS
Mr. Brian Reinicke
MKC Customs Brokers, Inc.
P.O. Box 66332
Chicago, IL 60666
RE: Personal Weighing Scale with Canvas Case
Dear Mr. Reinicke,
You requested a ruling on behalf of Health-O-Meter, for the
classification of a personal weighing scale with canvas case.
The matter was referred by the Regional Commissioner of Customs,
New York Region to Customs Headquarters for a ruling under the
Harmonized Tariff Schedules of the United States Annotated
(HTSUSA). Our ruling follows.
FACTS:
The merchandise consists of a personal weighing scale with
canvas case. The scale weighs 5 pounds and is in the shape of a
flat square box; it contains a remote display including an
adapter. The importer describes the product as a portable
electronic scale designed for weight watchers club members to
carry back and forth from home to the club in the canvas case.
The canvas case is manufactured in the shape of the scale
and has a carrying strap. The scale and case are imported and
packaged together for retail sale.
ISSUE:
By which of the following methods should the scale and case
be classified:
1. As a scale and case set under General Rule of
Interpretation (GRI) 3(b);
2. As a scale and its case under GRI 5(a); or
3. As a scale and its packing material under GRI 5(b).
-2-
LAW AND ANALYSIS:
The scale without the case is classified as a personal
weighing scale in 8423.10.00, HTSUSA. The case without the
scale, even if considered to be an accessory to the scale, would
be classified in a heading other than 8423, HTSUSA. (While parts
of scales are described by Heading 8423, accessories to scales
are not). There are no Section or Chapter notes which control
the classification of the merchandise when imported and packaged
together for retail sale.
GRI 5(a) provides specific rules for the classification of
"camera cases, musical instrument cases, gun cases...and similar
containers". GRI 5(a) provides that articles which satisfy the
criteria for cases or other containers under GRI 5(a) are not
classified as one of the goods in a GRI 3(b) set (e.g. GRI 5(a)
provides for the classification of cases which "...contain a
specific article or set of articles..."(emphasis supplied)).
In order for an article to be a GRI 5(a) container, it must
satisfy five requirements:
1. be specially shaped to contain a specific
article, and
2. be suitable for long-term use, and
3. be presented with the articles for which they
are intended, and
4. be of a kind normally sold with such articles,
and
5. not give the whole its essential character.
The canvas case clearly satisfies requirements 1-3, and 5.
The issue of whether it satisfies requirement 4 is less clear.
Canvas cases are not normally sold with personal weighing
scales. The scale under consideration is unique in that it is
lightweight in design and is intended to be routinely carried to
and from various locations. The basic canvas case can reasonably
be accepted as a kind of case normally sold with a portable
scale, and thus satisfies requirement 4 of GRI 5(a).
The case cannot be classified as packing material under
GRI 5(b) because it is suitable for repetitive use. It cannot be
classified as an article of a set under GRI 3(b) because it
satisfies the criteria for cases under GRI 5(a).
-3-
HOLDING:
The scale and canvas case are classified together, as a
personal weighing scale with its case, in 8423.10.00, HTSUSA.
Sincerely,
John Durant, Director
Commercial Rulings Division
RulingsDivision , could CLA-2 CO:R:C:G 082266 CMS
8507.30.00, HTSUSA
8504.40.00, HTSUSA
8523.20.00, HTSUSA
RE: Still Video Camera Back System
Mr. Gerald N. Campe, Manager
Int'l. Distribution and Corporate Traffic
Minolta Corporation
101 Williams Drive
Ramsey, N.J. 07446
Dear Mr. Campe,
You requested a ruling on the classification of the Minolta
Still Video Back 70/90 system. The Regional Commissioner of
Customs, New York Region forwarded the matter to Customs
Headquarters. Our Ruling follows.
FACTS:
The merchandise consists of the Minolta Still Video Back
70/90 system. The user replaces the standard back of the
Minolta Maxxum 9000 or 7000 35mm photographic cameras with the
Still Video Back 70/90 systems, in order to record up to 50
images onto a floppy disc. The images recorded onto the disc can
then be viewed on a television screen or video monitor.
The components of the system are described as follows:
Still Video Back, 70/90: device which attaches
directly to the back of the camera by means of a
moveable hinge pin and latch system; after striking
the device's CCD (charge-coupled device), images
are converted to electronic signals; after further
processing, the signals are converted to magnetic
analog signals and recorded onto a floppy disc;
NI-CD Battery Pack, NP 70V, NP 90V: nickel-cadmium
rechargeable battery pack which provides power for
the imaging electronics and floppy disc drive motor;
attaches to bottom of camera;
NI-CD Charger, NC-1000V S: AC voltage converter for
charging the battery pack;
Focusing Screen, 70V/90V: focusing screen which
replaces Maxxum 7000/9000 regular focusing screen;
has demarcation for still video format; contains
special surface designated "Acute Matte" which brings
the image into focus in the camera's viewfinder;
ISSUE:
Is the merchandise classifiable as parts of photographic
cameras, in 9006, HTSUSA, or as articles specifically provided
for in the headings Chapters 84 or 85, thus classifiable in the
appropriate Chapter 84 or 85 heading?
LAW AND ANALYSIS:
The merchandise only performs the functions of a camera back
and thus cannot be classifiable as a camera. In order to
determine which section and chapter notes are relevant in the
classification of the parts and accessories, the classification
of the camera with which the merchandise functions must be
determined.
The classification of still video cameras was decided in
Headquarters Ruling 083996, dated June 22, 1989. The device was
classified in 9006.59.40 as a photographic camera, on the basis
that Heading 9006 is broad enough to cover special-purpose
cameras which are not specifically described in other HTSUSA
headings. (A copy of Ruling 083996 is attached for your further
reference).
Chapter 90 Note 2(a) excludes from classification as parts
and accessories in Chapter 90, articles which are included in any
of the headings of Chapters 84 or 85 (except 8485 and 8548).
The Still Video Backs and Focusing Screens are not included
in any Chapter 84 or 85 headings other than headings 8485 and
8548. These articles are specifically designed to operate with
still video cameras and any other use would be a fugitive use.
The Still Video Backs and Focusing Screens are classified as
parts of photographic cameras, in 9006.91.00, HTSUSA.
Nickel-cadmium storage batteries are specifically described
in 8507.30.00, HTSUSA. The Ni-Cd Battery Pack, NP-70V/NP-90V is
classified in 8507.30.00, HTSUSA; however, an article which
attaches to the bottom of the Maxxum cameras into which
replaceable storage batteries are inserted is classifiable as a
part or accessory to the camera in 9006.91.00, while the
replaceable batteries themselves would be classifiable in
8507.30.00, HTSUSA.
Electrical static converters are described in Heading 8504.
The Explanatory Notes to Heading 8504, p. 1339, indicate that
supply converters (e.g. accumulators, or storage batteries) are
among the type of converters classified in Heading 8504. The
Ni-CD Charger, NC-1000V S is classified in 8504.40.00, HTSUSA.
Unrecorded magnetic discs for sound recordings or similar
recordings are described in 8523.20.00, HTSUSA. The Explanatory
Notes to Heading 8523, p. 1372, indicate that magnetic discs
classified in Heading 8523 include those used for recording
phenomena other than sound, previously converted into electric
impulses, such as light intensity of an image (television
signals, facsimile transmission). The Still Video Floppy Disk
is classified in 8523.20.00, HTSUSA.
HOLDING:
The Still Video Back 70/90 and Focusing Screen, 70V/90V
are classified in 9006.91.00, HTSUSA. The Ni-Cd Battery Pack,
NP-70V/NP-90V, is classified in 8507.30.00; a battery pack which
attaches to the bottom of the camera and is designed to hold
replaceable storage batteries is classified in 9006.91.00,
HTSUSA, while the batteries themselves would be classified in
8507.30.00. The Nc-Cd Charger NC-1000V S is classified in
8504.40.00, HTSUSA. The Still Video Floppy Disk is classified in
8523.20.00, HTSUSA.
Sincerely,
John Durant, Director
Commercial Rulings reasonably
be accepted as a kind of case normally sold with a portable
scale.
The case cannot be classified as packing materials under
GRI 5(b) because it is suitable for repetitive use. It cannot be
classified as an article of a set under GRI 3(b) because it
satisfies the criteria for cases under GRI 5(a).
HOLDING:
The scale and canvas case are classified together, as a
personal weighing scale with its case, in 8423.10.00, HTSUSA.
Sincerely,
John Durant, Director
Commercial Rulings Division