CLA-2 CO:R:C:G 082266 CMS
Mr. Gerald N. Campe, Manager
Int'l. Distribution and Corporate Traffic
Minolta Corporation
101 Williams Drive
Ramsey, N.J. 07446
RE: Minolta Still Video Camera Back System
Dear Mr. Campe:
This responds to your request for a binding classification
ruling for the Minolta Still Video Back 70/90 system under the
Harmonized Tariff Schedules of the United States Annotated
(HTSUSA). Our ruling follows.
FACTS:
The merchandise consists of the Minolta Still Video Back
70/90 system. By replacing the standard back of a conventional
Minolta 35mm photographic camera with a Minolta still video back,
the user can record up to 50 still video images on a magnetic
("floppy") disc. The images recorded on the disc can then be
viewed on a television screen or video monitor, or a hard copy
can be made with an electronic printer.
The components of the system are the Still Video Back 70/90,
Nickel-Cadmium Battery Pack NP 70V-NP 90V, Nickel-Cadmium
Charger NC-1000V S, Focusing Screen 70V/90V, and Still Video
Floppy Disc. The system components and the camera "front" to
which they attach incorporate all the features of still video
cameras ("SVC's"). SVC's utilize solid-state electronic
technology and incorporate charge coupled devices ("CCD's").
CCD's are semiconductors which contain a grid of numerous
photosensitive cells, or pixels. As the image-forming light of
an object is focused onto the grid, each pixel receives a certain
quantity of light which is translated into an electrical charge.
The result is a pattern of electrical charges which represents an
image. The electrical charges are subsequently processed by the
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Still Video Back into magnetic analog signals for storage on the
floppy disc.
ISSUE:
Are still video cameras classified as photographic cameras
in Heading 9006, television cameras in Heading 8525, other
electrical apparatus in Heading 8543, or other optical apparatus
in Heading 9013?
LAW AND ANALYSIS:
Still video cameras are also commonly described as
electronic cameras, solid state cameras, electronic still cameras
and electronic still image cameras. There is no eo nomine
provision for SVC's under any of their common descriptions.
The two types of cameras specifically described in the
HTSUSA to which SVC's are most similar are photographic cameras
and television cameras.
Photographic Cameras
Photographic cameras are specifically described in Heading
9006. No definition for "photographic" or "photography" is
provided in the Chapter Notes or Explanatory Notes to Chapter
90. Chapter 90 comes under Section XVIII; there are no Section
XVIII notes.
Lexicographic definitions generally provide that photography
is a process whereby images are produced by the action of light
on sensitized surfaces. The first photographic cameras produced
images through a process involving a photochemical reaction.
Some lexicographic authorities limit "photography" to a process
involving photochemical reactions (see Random House Dictionary of
the English Language, Unabridged Ed. (1973), p. 1085, and
Encyclopedia Britannica, Vol. 17 (1963), p.802). Other
lexicographic authorities do not necessarily require that
"photography" involve a photochemical reaction (see Webster's New
International Dictionary, Unabridged, 2nd Ed. (1939), p.1847, and
McGraw Hill Encyclopedia of Science and Technology, 6th Ed., Vol.
13 (1987), p. 390).
In St. Regis v. United States, 11 CIT 601 (1987), the Court
of International Trade adopted a "broad" definition of
photography in finding that certain paper used in electrostatic
photocopying was classified as photographic paper under the
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TSUS. The Court stated:
It is the opinion of the Court that the common
meaning of the term "photography" should be
construed as encompassing any process in which
images are produced directly or indirectly on a
sensitized surface by the action of light or
other form of radiant energy.
St. Regis, supra, p. 604.
A "broad" definition of photography is also provided in the
Chapter Notes to Chapter 37. (Chapter 37 covers photographic and
cinematographic goods, including photographic film, plates,
paper and developers). Chapter 37 Note 2 provides:
In this Chapter the word "photographic" relates
to a process which permits the formation of visible
images directly or indirectly by the action of light
or other forms of radiation on sensitive surfaces.
A broad definition of photography, which is not limited to
a process involving a photochemical reaction, should be used in
the classification of Chapter 90 articles because (1) the common
meaning of "photography" is a broad definition, (2) the only
definition for "photographic" provided in the HTSUSA is a broad
definition, and (3) certain Chapter 90 apparatus which function
without photochemical reactions are considered by the HTSUSA to
be photographic (e.g. electrostatic photocopiers). This broad
definition, which is consistent with both the St. Regis and
Chapter 37 Note 2 definitions, provides that photography is a
process whereby:
1) an image is produced directly or indirectly,
2) by the action of light or other radiant energy,
3) on a photosensitive surface.
This definition provides criteria which articles must
satisfy to be classified as Chapter 90 photographic apparatus.
However, some articles which appear to meet the definition but
use an advanced electrical process are not classified as
photographic apparatus (e.g. television cameras, classified in
Heading 8525, which produce images by the action of light on a
photosensitive semiconducting surface). Thus, the definition of
photography is broad enough to cover apparatus which function
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without photochemical reactions; however, the definition is not
broad enough to cover articles which meet its criteria but
function through a process which under the HTSUSA is principally
electrical and not principally photographic.
The first step in determining whether SVC's are classifiable
as photographic apparatus is to determine whether they are
substantially similar to apparatus which are classifiable as
photographic. The photographic apparatus to which SVC's are most
similar are electrostatic photocopiers, classifiable in Heading
9009. Like SVC's, electrostatic copiers produce images by the
action of light on semiconducting material. (Although
electrostatic photocopiers are not specifically described as
"photographic", it is clear that they are considered to be
photographic under the HTSUSA. Materials specifically used in
the development of electrostatic copies are described in Heading
3707 as products or preparations for "photographic uses" (See
Explanatory Note 2 to Heading 3707, p. 514, para. 2)).
Electrostatic copiers reflect light from an original
document onto a photosensitive semiconducting surface (drum,
plate or paper) which has been charged with static electricity.
Lighter areas of the original document reflect more light and
darker areas reflect less light. The charge on the
photosensitive surface is dissipated according to the amount of
light reflected onto it, resulting in a latent (invisible) image.
The latent image is then "developed" by exposing it to ink-type
particles which stick only to the charged areas of the
photosensitive surface. The ink is permanently fused by heat
treatment to the substrate on which the finished copy is formed.
SVC's and electrostatic photocopiers are similar in that
they both produce images by electrical means. However, the
difference between their particular electrical processes is
substantial. Electrostatic copiers use an electrostatic
process, whereas SVC's use an electronic process. The difference
between electrostatics and electronics lies in the emphasis on
the motion of electrical charges or current. Mcgraw Hill
Encyclopedia of Science and Technology, supra, Vol. 6, p. 250
describes "electrostatics" as follows:
The class of phenomena recognized by the presence
of electrical charges, either stationary or moving,
and the interaction of these charges, this interaction
being solely by reason of the charges and their
positions and not by reason of their motion. (emphasis
supplied)
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Mcgraw Hill Encyclopedia of Science and Technology, supra, Vol 6,
p. 235 describes "electronics" as follows:
The branch of science and technology relating to
the conduction and control of electricity flowing
through semiconductor materials or through vacuum
or gases. Electronics is concerned with the study
and applications of the motions of charge carriers
(electrons, holes and ions) under the influence of
externally applied voltage or current, or in relation
to the incidence or production of radiant energy.
(emphasis supplied)
The process utilized in electrostatic photocopiers is
electrostatic because images are formed as a result of the static
(stationary) position of the charge (or charged areas) on the
photosensitive surface. The ink-type particles will only
"interact" (stick to) areas of the photosensitive surface which
remain charged after light is reflected onto it from the original
document. The charged areas of the photosensitive surface
maintain their position until such time as the ink-type particles
have been attracted to it to form a visible image.
Unlike the electrostatic process, the process utilized by
still video cameras involves the substantial flow of electrical
current. Current flows through and between numerous electrical
components in order to process light energy into magnetic-analog
signals for storage on a floppy disc. Upon the focusing of light
onto the numerous cells or pixels on the SVC's charge coupled
device, an electrical current is applied to the cells in order to
sequentially transfer (or "couple") each cell's charge to other
cells. The resulting electrical signals are then further
processed for storage on the recording medium. Additional
electronic processing must occur for the electronic image-forming
pattern to be reassembled on a video monitor or electronic
printer.
Because SVC's are not substantially similar to electrostatic
copiers, they cannot be described as photographic by analogizing
them to such copiers. This distinction would not in itself,
however, preclude SVC's from being classified as photographic
apparatus. A factor which would preclude such a classification
would be if the process used by SVC's is substantially similar to
the processes used by apparatus which the HTSUSA classifies as
electrical and not photographic apparatus.
The classification of SVC's as electrical apparatus in
Chapter 85 and not as photographic apparatus in Chapter 90 is
supported by the facts that (1) major components of the SVC, if
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classified separately, and (2) apparatus which produce images
through a process to which the SVC process is very similar are
classified as electrical articles in Chapter 85.
The SVC's photosensitive "surface", the CCD, is a
semiconductor and would be classified as a "photosensitive
semiconductor device" in Heading 8541 if classified separately.
The SVC's recording medium, the magnetic "floppy" disc would
fall in Heading 8523 if classified separately. Although not part
of the Minolta system, the apparatus on which the SVC's images
are displayed, television screens or video monitors, would fall
in Heading 8528.
The device described in the HTSUSA which functions by a
process most similar to the SVC is the television camera (solid-
state variety), classified in Heading 8525. Like SVC's, solid-
state television cameras use a CCD to process light into
electrical patterns which represent images. (See Van Nostrand's
Scientific Encyclopedia, 7th Ed. (1989), p. 2797).
In addition to the guidance provided by the HTSUSA's
classification of electrical articles, there is lexicographic
authority for the position that electronic devices which use
CCD's are distinguished from photographic articles. The McGraw
Hill Encyclopedia of Science and Technology, supra, Vol. 3, p.
168, provides:
Electronic camera. Advances in the field of
solid-state electronics have made possible
the development of the electronic still camera.
Unlike photographic cameras, in which film senses
and records the image-forming light, the electronic
still camera uses a solid-state image sensor to
sense the image-forming light and a separate recording
medium to record and store the picture. (underscoring
supplied)
In our opinion an electronic still video camera which uses a
charge coupled device and records electrical representations of
images on magnetic discs principally functions as an electrical
apparatus and not as a photographic apparatus. Thus, still video
cameras are not classifiable as photographic cameras in Heading
9006.
Television Cameras
Although SVC's and solid-state television cameras both
produce images through an electronic process, the two types of
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cameras have substantially different capabilities and uses.
While SVC's are designed to produce single "still" images,
television cameras produce images in rapid succession to portray
action. SVC's are not designed to produce images in a
sufficiently rapid succession to portray action.
Television cameras are described in Heading 8525. No
definition for "television" is specifically provided
in any of the HTSUSA Section, Chapter or Explanatory Notes. The
common meaning for television encompasses a process whereby
rapidly changing pictures are transmitted through electro-
magnetic waves or by line, usually up to 30 "frames" a second, in
real time or by storage and retrieval. (See Van Nostrand's
Scientific Encyclopedia, supra, p. 2794, and McGraw Hill
Encyclopedia of Science and Technology, supra, Vol 18, p. 180).
Although a single "frozen" television picture would very
closely resemble a "still" video image, television cameras are
principally designed to produce images in rapid succession. By
their own description, SVC's produce "still" images. SVC's are
not television cameras and cannot be classified as television
cameras in Heading 8525.
Classification Of SVC's
Still video cameras function through an advanced electrical
(solid-state electronic) process. There is no provision for
electrical apparatus that specifically describes SVC's. SVC's
are classifiable as electrical apparatus, having individual
functions, not included elsewhere, in Heading 8543.
SVC's are also classifiable as other optical apparatus in
Heading 9013. SVC's satisfy the definition for "optical"
apparatus provided in Chapter 90 U.S. Note 3.
Articles which are classifiable in Chapter 90 are excluded
by Section XVI Note 1(m) from being classified in Chapter 85.
SVC's are thus classified in Heading 9013.
The Minolta still video back, nickel-cadmium battery pack,
nickel-cadmium charger and focusing screen are classified in
subheading 9013.80.60 as a GRI 2(a) incomplete still video
camera. These articles collectively incorporate all the
electrical processing features, the power source for the
electronics and disc drive, and an optical-related feature (i.e.
focusing screen). The only SVC component with which the Minolta
System is not imported is the standard camera "front". General
Explanatory Note II to Chapter 90, p. 1457 provides that
incomplete articles may have the essential character of Chapter
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90 articles even if they are imported without their optical
elements; the principal function of the still video camera
"front" is to optically focus light.
Chapter 85 Note 6 provides that records, tapes and other
media classifiable in Headings 8523 and 8524 are classified in
those headings regardless of whether they are imported with the
apparatus for which they are intended. Unrecorded magnetic
("floppy") discs are described by subheading 8523.20.00 and the
floppy discs are classified there whether or not they are
imported with the rest of the Minolta Still Video Back 70/90
System.
HOLDING:
The Still Video Back 70/90, NI-CD Battery Pack NP 70V-NP
90V, NI-CD Charger NC-1000V S, and Focusing Screen 70V-90V are
classified in 9013.80.60, HTSUSA. The Still Video Floppy Disc is
classified in 8523.20.00, HTSUSA.
Sincerely,
John Durant, Director
Commercial Rulings Division