CLA-2-90:OT:RR:NC:1:114
Ms. Simone Simon
Agra Services Brokerage Co., Inc.
221-20 147th Avenue
Jamaica, NY 11413
RE: The tariff classification of photographic cameras from China, preloaded with 35 mm photographic film from Germany
Dear Ms. Simon:
In your letter dated March 23, 2009, on behalf of Elite Brands, Inc., you requested a tariff classification ruling. A prototype sample was furnished with your request for a ruling.
The item is a point and shoot photographic camera, model number DC903F, which will be preloaded with 27 exposure 35 mm photographic film at the time of importation. The camera has an outer housing which contains the viewfinder, the lens, a film advance wheel, a button for taking the photograph, the flash unit and a button for charging the flash unit. The 35 mm film is enclosed in a separate light-tight plastic housing which has the “exposures remaining” dial incorporated in the 35 mm film’s plastic housing. The film’s plastic housing is inserted into the outer camera housing to form the complete 35 mm camera. The entire camera can be sent to the photographic laboratory for development, or the film in the inner plastic housing can be removed from the outer housing and sent for development of the photographs.
You indicate in your letter that this type of 35 mm film put up in a plastic housing will be available for purchase at Family Dollar Store, and that Family Dollar Store will offer this type of film on their internet website. You refer to the film as a film cartridge; it is made for what is referred to as the Ezload 35 camera only. Pictures of the camera in its printed cardboard packaging and pictures of the film cartridge in retail packaging ready for sale were furnished with your request for a ruling.
The applicable subheading for the 35 mm cameras will be 9006.53.01, Harmonized Tariff Schedule of the United States (HTSUS), which provides for photographic (other than cinematographic) cameras, other cameras, other, for roll film of a width of 35 mm. The rate of duty will be free.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
You have also inquired as to whether the camera violates any trademark, patent or copyright. For your information, there is a General Exclusion Order issued in response to ITC Investigation No. 337-TA-406 on certain lens-fitted film packages (LFFPs) commonly referred to as single-use cameras. The determination of whether the camera is subject to the ITC Exclusion Order will be made by U.S. Customs and Border Protection, Regulations and Rulings, Intellectual Property Rights Branch, 799 9th Street N.W. – 7th Floor, Washington, DC 20229-1177. Your sample is being forwarded by this office to the Intellectual Property Rights Branch at Regulations and Rulings. A ruling will be issued to you from that office on whether the exclusion order on LFFPs applies to the camera.
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 (646) 733-3019.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division