CLA-2 CO:R:C:G 086839 AJS
Mr. Frank A. Wiener II
Vice President
Wiener Industries
Suite 615, Investment Building
Pittsburgh, PA 15222
RE: Power speculars with carrying case and textile cord.
binoculars; GRI 3; composite good; GRI 5(a); specially shaped or
fitted case.
Dear Mr. Wiener:
Your letter of March 9, 1990, requesting a tariff
classification under the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA), has been referred to this office for
reply.
FACTS:
The articles in question are a pair of power speculars, a
textile cord and a carrying case. The speculars are worn like a
pair of eyeglasses. They are similar to binoculars in that they
may be focused by adjusting a knob located on each temple. They
are intended for use as binoculars in order to aid vision at
sporting events, the opera, ballet, or concerts. The speculars
are to be imported with a textile cord composed of nylon and a
plastic carrying case.
The carrying case is manufactured of a cellular plastic
sheeting material. The case has a nylon top zipper closure, a
front storage pocket, a self material swagger handle and belt
loops so that it may be worn on a belt and used for transporting
the articles outdoors.
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ISSUE:
Whether the merchandise at issue is classifiable as a
composite good for tariff purposes.
If considered a composite good, which item provides the
essential character for classification purposes; and if not
considered a composite good, how are the items properly
classified.
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is governed
by the General Rules of Interpretation (GRI's). GRI 1 provides
that classification is determined first in accordance with the
terms of the headings of the tariff and any relative section or
chapter notes and, unless otherwise required, according to the
remaining GRI's taken in order.
Heading 9005, HTSUSA, provides for binoculars. Explanatory
Note (EN) 90.05 states that this heading includes "[b]inoculars,
such as opera glasses, binoculars for touring or hunting,
military binoculars . . . and binoculars made in the form of
spectacles." Binoculars are described as an optical device
designed for use by both eyes simultaneously. Webster's II New
Riverside University Dictionary, (1984). The power speculars
themselves satisfy these descriptions and are classifiable as
binoculars. More specifically, they are provided for within
subheading 9005.10.00 as other binoculars. However, the
merchandise as a whole does not satisfy this description.
GRI 3 governs the classification of goods which are prima
facie classifiable within two or more headings. The power
speculars are classifiable within subheading 9005.10.00, HTSUSA,
which provides for other binoculars. The carrying case is
classifiable within subheading 4202.92.90, HTSUSA, which provides
for cases composed of an outer surface of plastic sheeting. The
textile cord is classifiable within subheading 6307.90.90,
HTSUSA, which provides for made-up textile articles. However,
not one of these headings by itself covers the subject
merchandise. Therefore, the merchandise as a whole is prima
facie classifiable within two or more headings.
GRI 3(a) requires the heading which provides the most
specific description of the article to govern over one which
provides a more general description. However, when two or more
headings each refer to part only of the components contained in
composite goods those headings are to be regarded as equally
specific in relation to those goods. This is the situation which
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exists in the present case. Goods which cannot be classified
according to this rule are then to be classified according to GRI
3(b).
GRI 3(b) provides for composite goods made up of different
components. Composite goods can consist of separable components,
provided these components are adapted one to the other and are
mutually complementary and together form a whole which would not
normally be offered for sale in separate parts. GRI 3(b) EN
(IX). The components at issue satisfy this description. They
are separable into the speculars, case and cord. They also are
adapted for use together. For instance, the case operates as
both a storage place and carrying case for the speculars and
cord. The cord is attached to the speculars to enable the user
to wear them loosely around the neck and to prevent them from
falling to the ground. In addition, these components are
mutually complementary to each other based on the fact that they
are intended to be used together as a whole. Lastly, they are
also not normally offered for sale separately. The speculars
would not normally be offered without some kind of case, the case
is manufactured for the speculars and would not normally be sold
without them, and the cord would normally be sold with the
speculars or similar items.
Composite goods are classifiable as if they consisted of the
component which gives them their essential character. GRI 3(b)
EN (VII). The factor which determines essential character will
vary as between different kinds of goods. GRI 3(b) EN (VIII).
The component which establishes essential character in this case
is the speculars based on the fact that they are the constituent
component of the merchandise. As discussed previously, the
speculars are classifiable within subheading 9005.10.00, HTSUSA.
Accordingly, the composite good would be classifiable as if it
consisted solely of the power speculars.
GRI 5(a) states that certain cases and similar containers
which are "specially shaped or fitted to contain a specific
article . . . , suitable for long-term use and presented with the
articles for which they are intended, shall be classified with
such articles when of a kind normally sold therewith." The issue
has been raised regarding the applicability of this provision to
the carrying case in question.
Cases which are specially shaped or fitted to contain an
article are those designed specifically to accommodate the
article for which they are intended. GRI 5(a) EN(I)(1). Some of
these cases are shaped in the form of the article which they are
intended to contain. Examples of these types of cases are
jewelry boxes and cases, electric shaver cases, binocular cases,
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telescope cases, gun cases, and musical instrument cases, boxes
and bags. GRI 5(a) EN(II). You claim that the case at issue is
manufactured for use with the power speculars. However, this
factor alone does not establish that the case at issue is
designed specifically to accommodate the speculars. The body of
the specular case is soft and flexible. This design does not
appear to be specially shaped or fitted to accommodate any
intended article. In fact, this design is not specific enough to
prevent the case from being used to accommodate other items which
are comparable in size and shape to the speculars. Almost all of
the examples of the cases listed above are designed in a manner
which would prevent them from accommodating any item other than
the one intended to be used with the case. Thus, the case at
issue fails to satisfy the first requirement of GRI 5(a).
The description of the terms "shaped" and "fitted" also
support this conclusion. The term "shaped" is described as
"[d]esigned to conform to the contours of something." The Random
House Dictionary of the English Language (1983). The case at
issue is not designed to conform to the contours of the
speculars. In addition, the term "fitted" is described as
"[m]ade so as to follow closely the contours of a form or shape."
The Random House Dictionary of the English Language (1983). The
case also is not made to follow closely the contour of the
speculars. Once again, the examples of the cases mentioned
previously satisfy each of these descriptions. Therefore, the
case in question is not a specially "shaped" or "fitted"
container within the meaning of GRI 5(a).
HOLDING:
The power speculars, carrying case and textile cord are a
composite good classifiable according to their essential
character within subheading 9005.10.00, HTSUSA, which provides
for other binoculars, free of duty.
Sincerely,
John Durant, Director
Commercial Rulings Division