CLA-2 CO:R:C:M 952156 LTO

Mr. Sal Della Ventura
Sony Corporation of America
Sony Drive
Park Ridge, New Jersey 07656

RE: Plastic Lens Caps; NY 874663 revoked; Note 2(q) to Chapter 39; Note 2 to Chapter 90

Dear Mr. Della Ventura:

This is in reference to NY ruling letter 874663, issued to you on June 12, 1992, which concerned the tariff classification of plastic lens caps under the Harmonized Tariff Schedule of the United States (HTSUS). We have been asked to reconsider this ruling by the New York Seaport Customs Office.

FACTS:

The articles subject to this reconsideration are plastic lens caps. They are used to protect the lens of video cameras from dust and other foreign matter when the camera is not in use.

In NY 874663, the plastic lens caps were held to be classifiable under subheading 3926.90.90, HTSUS, which provides for "[o]ther articles of plastics . . . [o]ther . . . [o]ther."

ISSUE:

Whether the plastic lens caps are classifiable as accessories for lenses under the HTSUS.

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI's) to the HTSUS govern the classification of goods in the tariff schedule. GRI 1 states in pertinent part that "for legal purposes, classification

- 2 -

shall be determined according to the terms of the headings and any relative section or chapter notes . . . ."

The headings at issue are as follows:

3926 Other articles of plastics and articles of other materials of headings 3901 to 3914

* * * * * * * * * * * * *

9002 Lenses, prisms, mirrors, and other optical elements, of any material, mounted, being parts of or fittings for instruments or apparatus, other than such elements of glass not optically worked; parts and accessories thereof

Note 2(q) to Chapter 39 states that Chapter 39 does not cover articles of Chapter 90. Thus, if the articles in question are classifiable under Heading 9002, HTSUS, they are excluded from Chapter 39 and Heading 3926, HTSUS.

Note 2 to Chapter 90 states that "parts and accessories for machines, apparatus, instruments or articles of this Chapter are to be classified according to the following rules:

(a) Parts and accessories which are goods included in any of the headings of this Chapter or of Chapter 84, 85 or 91 . . . are in all cases to be classified in their respective headings; (b) Other parts and accessories, if suitable for use solely or principally with a particular kind of machine, instrument or apparatus, or with a number of machines, instruments or apparatus of the same heading . . . are to be classified with the machines, instruments or apparatus of that kind . . . ."

The articles in question are not goods included in any heading of Chapter 84, 85, 90 or 91. However, they are suitable for use solely or principally with the video camera lenses of Heading 9002, HTSUS. Thus, they are classifiable as accessories for these lenses under subheading 9002.11.80, HTSUS.

HOLDING:

The plastic lens caps are classifiable under subheading 9002.11.80, HTSUS, which provides for "[l]enses, prisms, mirrors and other optical elements, of any material, mounted, being parts

- 3 -

of or fittings for instruments or apparatus, other than such elements of glass not optically worked; parts and accessories thereof . . . [o]bjective lenses and parts and accessories thereof . . . [f]or cameras, projectors or photographic enlargers or reducers . . . [o]ther." The corresponding rate of duty for articles of this subheading is 6.6% ad valorem.

This notice to you should be considered a revocation of NY 874663, dated June 12, 1992, under section 177.9(d) of the Customs Regulations [19 CFR 177.9(d)]. It is not to be applied retroactively to NY 874663 [19 CFR 177.9(d)(2)] and will not, therefore, affect past transactions for the importation of the merchandise under this ruling. However, for the purposes of future transactions involving merchandise of this type, NY 874663 will not be valid precedent. We recognize that pending transactions may be adversely affected by this modification, in that current contracts for importations arriving at a port subsequent to this decision will be classified pursuant to it. If such a situation arises, you may, at your discretion, notify this office and apply for relief from the binding effects of this decision as may be warranted by the circumstances.

EFFECT ON OTHER RULINGS:

NY 874663, dated June 12, 1992, is hereby revoked pursuant to section 177.9(d) of the Customs Regulations [19 CFR 177.9(d)].

Sincerely,

John Durant, Director
Commercial Rulings Division