CLA-2 CO:R:C:G 086247 CB
Ms. Sue Dickson
Photoflex Inc.
254 E. Hacienda Avenue
Campbell, CA 95008
RE: Classification of Litediscs and Litedomes
Dear Ms. Dickson:
This ruling is in response to your letter of November 22,
1989, requesting a classification ruling under the Harmonized
Tariff Schedule of the United States Annotated (HTSUSA),
Litediscs and Litedomes imported from Korea.
FACTS:
Samples were submitted along with your request. According
to the information you provided, the Litedisc is a collapsible,
portable reflector panel made of nylon with a spring steel
collapsible frame. The Litedisc assists the photographer with
lighting techniques. The Litedisc comes in several different
sizes and colors. It is imported and sold with its own nylon
carrying case.
The Litedome is made of nylon with five fiberglass support
rods per dome. It is portable and comes in different styles,
sizes, and colors. Apparently, the Litedome is used to diffuse
light, enabling the photographer to capture the right mood of the
subject. It is also imported and sold with its own nylon
carrying case.
ISSUE:
Whether the carrying bags accompanying the subject Litedome
and Litedisc are classifiable with the dome and disc?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. GRI 1 provides that the starting point is the
terms of the headings of the tariff and any relevant section or
chapter notes.
-2-
Heading 9006, HTSUSA, provides for photographic (other than
cinematographic) cameras...parts and accessories thereof. You
have stated that the subject Litedome and Litedisc are used by
photographers to diffuse lighting. Absent evidence to the
contrary, the subject merchandise is classifiable as an accessory
for photographic cameras in subheading 9006.99.0000, HTSUSA.
Regarding the carrying bags, GRI 5 provides that the
following:
Camera cases, musical instrument cases, gun
cases, drawing instrument cases, necklace
cases and similar containers, specially
shaped or fitted to contain a specific
article or set of articles, suitable for
long-term use and entered with the articles
for which they are intended, shall be
classified with such articles when of a kind
normally sold therewith. This rule does not,
however, apply to containers which give the
whole its essential character.
The carrying bags at issue fit in this category of goods. The
bags are specially shaped to fit the Litedome and Litedisc. The
bags are an unusual shape and size so they are obviously designed
to fit a certain product. The bags are not classifiable
separately; they are classifiable with the Litedome and Litedisc.
HOLDING:
The Litedome and Litedisc together with the carrying bags
are classifiable in subheading 9006.99.0000, HTSUSA, which
provides for photographic (other than cinematographic) cameras
...parts and accessories thereof, other. The rate of duty is
3.9% ad valorem.
Your samples will be returned to you under separate cover.
Sincerely,
John Durant, Director
Commercial Rulings Division