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

HQ 087605 October 24, 1990 CLA-2 CO:R:C:G 087605 JMH CATEGORY: Classification 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