CLA-2 CO:R:C:M 089410 DWS
Mr. Michael Porter
Porter Associates
348 Wood Street
Hopkinton, MA 01748
RE: Classification of the Da Vinci Digital Printing Camera
Dear Mr. Porter:
This is in response to your letter of May 1, 1991,
concerning the classification of a digital printing camera under
the Harmonized Tariff Schedule of the United States Annotated
(HTSUSA).
FACTS:
The Da Vinci is a still camera with an integral thermal
printer. It is state of the art in its design in that it
requires neither film nor flash. Because of its pocket-size,
pictures can be taken with the camera held with one hand. In the
literature, the Da Vinci is described as both a camera unit and
as a printer unit. Its lens system contains built-in standard
lenses and it is capable of copying three-dimensional material.
The camera digitally stores an image on its motion optical sensor
area and then prints a copy of the image on thermally-sensitive
paper. Through the thermal printer, it is possible to have sixty
different patterns (in eight different types) of prints. Plans
are underway for this product to be marketed as a "vision
printer".
ISSUE:
What is the classification of the digital printing camera?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. GRI 1 provides, 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 provided such headings or notes do not otherwise require,
according to the following provisions ..."
Two of those provisions are GRI 3(b) and 3(c). GRI 3(b)
provides that "Mixtures, composite goods consisting of different
materials or made up of different components, and goods put up in
sets for retail sale, which cannot be classified by reference to
3(a), shall be classified as if they consisted of the material or
component which gives them their essential character, insofar as
this criterion is applicable." Following this rule, GRI 3(c)
states that "When goods cannot be classified by reference to 3(a)
or 3(b), they shall be classified under the heading which occurs
last in numerical order among those which equally merit
consideration."
Although the manufacturer plans to market the Da Vinci as a
"vision printer", this does not mean that under the HTSUSA it
will be classified solely as a printer. In the literature
published by the manufacturer, it is explained that the device is
composed of a "camera unit" and a "printer unit". Also, it is
claimed that the Da Vinci "is the world's first camera that
contains a printer." Therefore, the Da Vinci consists of two
separate components, but neither gives the article its "essential
character".
The "camera unit" of the device may be classified under
Heading 9013, HTSUSA, covering Other optical appliances and
instruments, not specified or included elsewhere in this chapter.
The Additional U.S. Notes to Chapter 90, Note 3, state that "the
terms 'optical appliances' and 'optical instruments' refer only
to those appliances and instruments which incorporate one or more
optical elements ..." The digital printing camera meets this
definition. Even though it is claimed that there "is no optical
sophistication whatsoever", the Da Vinci still contains a built-
in lens system, no matter how simple.
The "printer unit" of the Da Vinci may be classified under
Heading 9009, HTSUSA, which includes Photocopying apparatus
incorporating an optical system or of the contact type and
thermocopying apparatus. We have already noted that the device
incorporates an optical system to produce a print, and it
contains a thermocopying apparatus to produce prints on
thermally-sensitive paper.
Since neither component gives the Da Vinci its essential
character [GRI 3(b)], according to GRI 3(c), it will be
"classified under the heading which occurs last in numerical
order ..." That heading is 9013, HTSUSA.
We note that the Da Vinci cannot be classified under Heading
9006, HTSUSA, which covers still photographic cameras, because
the Da Vinci does not use light sensitive film which requires
chemical processing as does a still photographic camera.
HOLDING:
Under GRI 3(c), the Da Vinci Digital Printing Camera is
classifiable under subheading 9013.80.60, HTSUSA, which provides
for Other optical appliances and instruments, not specified or
included elsewhere in this chapter: Other devices, appliances and
instruments: Other. Items classifiable under this provision
enter the United States at a general, column one rate of duty of
9 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division