CLA-2 CO:R:C:G 087605 JMH
TARIFF NO: 9006.52.10
District Director
U.S. Customs Service
Suite 625
7911 Forsythe Blvd.
St. Louis, MO 63105
RE: Protest and Request for Further Review 4503-0-000007;
photographic cameras; photographic cameras for underwater
use; photographic cameras for all-weather use; roll film
width of 110; fixed focus; hand held
Dear Sir:
The following is our decision regarding the Protest and
Request for Further Review No. 4503-0-000007, dated April 16,
1990. At issue is the classification under the Harmonized Tariff
Schedule of the United States Annotated ("HTSUSA") of certain
waterproof cameras.
FACTS:
The article in question are the Kalimar K-634 all
weather/underwater camera. The camera is an inexpensive 110
cameral designed for use in wet conditions such as rain or snow,
and underwater to a depth of twelve feet. It is a fixed focus
camera with a built-in electronic flash. The weatherproof
housing keeps dust, dirt, moisture and water from reaching the
interior of the camera. The camera is equipped with a compass
and an adjustable strap.
Upon importation the camera was classified in subheading
9006.30.00, HTSUSA, as "Photographic (other than cinematographic)
cameras...Cameras specially designed for underwater use..." The
camera was liquidated under subheading 9006.52.10, HTSUSA, as
"Photographic (other than cinematographic) cameras...Other
cameras...Other, for roll film of a width less than 35 mm...Fixed
focus...hand held..."
-2-
ISSUE:
Whether the Kalimar K-634 is an underwater camera properly
classified in subheading 9006.30.00, HTSUSA?
LAW AND ANALYSIS:
The classification of merchandise under the HTSUSA is
governed by the General Rules of Interpretation (GRI's). GRI 1,
HTSUSA, states in part that "for legal purposes, classification
shall be determined according to the terms of the headings and
any relative section or chapter notes and...according to the
following provisions..."
There is no dispute that heading 9006, HTSUSA, is the
appropriate heading for the Kalimar K-634. GRI 6, HTSUSA, one of
the "following provisions" mentioned in GRI 1, requires that the
GRI's be utilized for the subheadings as they are for the
headings. The two subheadings at issue are subheadings
9006.30.00 and 9006.52.10. These subheadings describe the
following:
9006.30.00 Cameras specially designed for underwater
use...
* * * * * * * * * * * * *
9006.52.10 Other cameras...Other, for roll film of
a width less than 35 mm...Fixed
focus...Hand held...
GRI 6 and GRI 1 require that the terms of the subheading
must be met for classification under that subheading. The
importer believes that since the camera may be used underwater,
the terms of subheading 9006.30.00 are met. However, there is no
evidence that any part of the camera, other than the waterproof
housing, is specially designed for use underwater. The articles
referred to in subheading 9006.30.00 are specially designed
"cameras", meaning the internal workings of the camera, the lens,
etc. The Kalimar K-634 is an ordinary camera in a special body.
It is not of the class or kind of camera referred to in the
subheading. The Kalimar K-634 does not meet the terms of
subheading 9006.30.00.
The Kalimar K-634 is a camera used for roll film of a width
less than 35 mm. It is a fixed focus and hand held camera. Thus
the terms of subheading 9006.52.10 are met. The proper
classification for the Kalimar K-634 is in subheading 9006.52.10.
-3-
HOLDING:
The Kalimar K-634 all weather/underwater camera is not a
camera specially designed for underwater use. It is a fixed
focus, hand held camera, that uses roll film of a width of less
than 35 mm. In accordance with GRI 6 and GRI 1, the Kalimar K-
634 is properly classified in subheading 9006.52.10, as
"Photographic (other than cinematographic) cameras...Other
cameras...Other, for roll film of a width less than 35 mm...Fixed
focus...hand held..."
The protest should be denied in full. A copy of this
decision should be attached to the Form 19 Notice of Action for
the protest.
Sincerely,
John Durant, Director
Commercial Rulings Division