CLA-2-85:OT:RR:NC:N1:108

Ms. Denise Sculley Jagro Air Services Inc. 486 Sunrise Highway Suite # 202 Rockville Centre, NY 11570

RE: The tariff classification of a medium format camera, as well as scanner sets from Sweden Dear Ms. Sculley:

In your letter dated January 19, 2015, on behalf of Hasselblad Bron Inc., you requested a tariff classification ruling.

The merchandise subject to this ruling request is the Hasselblad H5D-50c camera and the Flextight X1 and the Flextight X5 scanner sets.

The Hasselblad H5D-50c camera is a medium format digital camera. The H5D-50c camera features a CMOS sensor measuring 43.8 mm by 32.9 mm with 100 to 6400 ISO performance, and can capture full resolution images at the rate of 1.5 captures per second. According to the information provided, this digital camera can only capture still images. It does not have any video image capturing capability.

The Flextight X1 and the Flextight X5 optical scanners are imported separately from the camera. The X1 features a 6300 dpi maximum resolution and scans up to 60 MB per minute, whereas the X5 features an 8000 dpi maximum resolution and scans up to 300 MB per minute. The 3F automatic scan mode is only available on the X5 model. Both scanners connect indirectly to the CPU of a computer. They require a Windows or Mac platform in order to function and are principally or solely used with a computer.

Each optical scanner is found to meet Legal Note 5 (C) to chapter 84, Harmonized Tariff Schedule of the United States (HTSUS), which defines the term "data processing units" for purposes of heading 8471, HTSUS, by satisfying the following conditions in the above legal note: (i) It is of a kind solely or principally used in an automatic data processing (ADP) system; (ii) It is connectable to the central processing unit either directly or through one or more other units; and (iii) It is able to accept or deliver data in a form (codes or signals) which can be used by the system. In meeting the above conditions of Legal Note 5 (C), HTSUS, these optical scanners are thus classified as ADP input units within heading 8471, HTSUS.

It is stated that each scanner, at the time of importation, is retail packed with the following components: the film holder, the Fous target, the Firewire cable, the DVD with Flexicolor software, and the manual. This combination is considered a set for tariff classification purposes, with the essential character being imparted by the scanner.

The applicable subheading for the camera will be 8525.80.5050, HTSUS, which provides for Transmission apparatus for radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus;…: Television cameras, digital cameras and video camera recorders: Other: Other. The rate of duty will be 2.1 percent ad valorem.

The applicable subheading for the scanner sets will be 8471.60.8000, HTSUS, which provides for Automatic data processing machines and units thereof; . . . : Input or output units, whether or not containing storage units in the same housing: Other: Optical scanners and magnetic ink recognition devices. 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/.

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 Lisa Cariello at lisa.a.cariello@cbp.dhs.gov.

Gwenn Klein Kirschner Director National Commodity Specialist Division