CLA-2 CO:R:C:M 088205 CMS
Mr. Kirk Jenne
Vice-President & General Counsel
Burle Enterprises, Inc.
1000 New Holland Ave.
Lancaster, PA 17601-5688
RE: Closed Circuit Television Camera Lenses; CCTV; Motorized;
Servo; Optical Elements; Objective; Zoom; Iris
Dear Mr. Jenne:
This is in response to your request dated December 27, 1990,
for a classification ruling on certain closed circuit television
camera lenses.
FACTS:
The merchandise consists of five types of closed circuit
television (CCTV) camera lenses, described as (1) fixed lens
without iris, (2) fixed lens with manual iris, (3) motorized zoom
lens with manual iris, (4) fixed lens with auto iris and (5)
motorized zoom lens with auto iris.
The fixed lenses without iris are fixed focal length lenses.
The fixed lenses with manual iris are fixed focal length lenses
with a manually adjustable iris. The importer does not dispute
the classification of these two lenses as mounted lenses in
subheading 9002.11.80, HTSUSA.
The motorized zoom lens with manual iris incorporates an
electric motor to adjust the focal length and iris setting.
The fixed lens with auto iris incorporates an electric motor
to adjust the iris setting.
The motorized zoom lens with auto iris setting incorporates
an electric motor to automatically adjust the focal length and
iris setting.
-2-
FACTS:
Is the merchandise classified as mounted lenses in Heading
9002, or as parts of television cameras in Heading 8529?
LAW AND ANALYSIS:
The Harmonized Tariff Schedule of the United States
Annotated (HTSUSA) superseded the Tariff Schedule of the United
States Annotated (TSUSA) effective January 1, 1989. The HTSUSA
provides that the classification of articles is governed by the
General Rules of Interpretation (GRI's). GRI 1 states in
pertinent part that "...classification shall be determined
according to the terms of the headings and any relative section
or chapter notes...".
Heading 9002 in pertinent part describes lenses, mounted,
being parts of or fittings for instruments or apparatus. Heading
8529 in pertinent part describes parts of television cameras.
Heading 8529 is a Section XVI Heading. Section XVI Note
1(m) excludes from Section XVI articles of Chapter 90. Pursuant
to Section XVI Note 1(m), if the merchandise is an article of
Heading 9002 then it is excluded from Heading 8529. Further,
the Explanatory Notes to Heading 8529, p. 1379, state that the
heading excludes "[l]enses...for television cameras (heading
90.02)" (emphasis in original).
The importer argues that the motorized lenses are complex
electro mechanical assemblies which include a motor and circuit
board to facilitate their function as motorized lenses. It is
argued that the lenses are integral parts of the CCTV cameras,
and that they should not be classified as lenses in Heading 9002.
The motorized lenses, however, are advancements over
manually adjustable lenses and are merely certain types of
lenses. The merchandise is described in Burle Industries'
product brochures as "Manual and Auto Iris Fixed and Motorized
Zoom Lenses", "Lenses for Specialized Applications" and
"Motorized Zoom Lenses" (emphasis added). A wide variety of
motorized and non-motorized lenses are described in the "Lens
Guide for Burle Cameras", which states in part that "[t]his
publication lists lenses available for BURLE cameras. A wide
variety of fixed and motorized manual and auto iris types are
available..." (emphasis added). In the "Lens Guide", motorized
lenses are specifically described as "types" of lenses.
The motorized lenses under consideration are designed,
marketed and known as lenses. The products are described by
Heading 9002.
-3-
The fact that the lenses are motorized does not preclude
their classification in Heading 9002. It is a fundamental and
longstanding tariff classification principle that an eo nomine
designation of an article, absent legislative intent or other
contrary limitation, includes all forms of an article. Nootka
Packing Co. Et Al. v. United States, 22 CCPA 464, T.D. 47464
(1935); Crosse & Blackwell Co. v. United States, 36 CCPA 33,
C.A.D. 393 (1948). There is no limitation in Heading 9002
excluding lenses which can more effectively function as lenses
due to their motorization, and no legislative intent has been
shown that such lenses are not classified as lenses in Heading
9002.
Motorized lenses are an advancement in technology over
lenses which must be manually focused and otherwise positioned.
Technological advancements of articles are included in eo nomine
tariff designations of such articles. Simmon Omega, Inc. v.
United States, 83 Cust. Ct. 14, C.D. 4815 (1979).
(Although decided under the TSUSA, electric motorized
toothbrushes were found to be toothbrushes, and motorized
tweezers to be tweezers, in Kaysons Import Corp. v. United
States, 56 Cust. Ct. 146, C.D. 2622 (1966), and Clairol, Inc. v.
United States, 7 CIT 377 (1984), respectively).
Rank Precision Industries, Inc. v. U.S., 85 Cust. Ct. 34,
C.D. 4866, 498 F. Supp. 1348 (1980), aff'd. , 660 F.2d 476, cited
by the importer, is inapposite. The Court in Rank Precision
Industries, Inc., supra, determined that an article was
classified under a certain provision of the TSUSA, due to the
existence of a uniform and established practice. No such
uniform and established practice exists under the HTSUSA
classifying motorized television camera lenses in Heading 8529.
The importer also cites Chapter 90 Note 2 in support of
classification of the merchandise in Heading 8529. Chapter 90
Note 2, however, applies to the classification of parts of
Chapter 90 articles; the articles for which the importer states
the lenses are parts are Chapter 85 television cameras, not
Chapter 90 articles.
The five types of CCTV lenses under consideration are
classified as lenses, mounted, being parts of or fittings for
instruments or apparatus, objective lenses, in subheading
9002.11.80, HTSUSA.
-4-
HOLDING:
The five types of CCTV lenses under consideration are
classified as lenses, mounted, being parts of or fittings for
instruments or apparatus, objective lenses, in subheading
9002.11.80, HTSUSA.
Sincerely,
Harvey B. Fox, Director
Office Of Regulations And Rulings
cc. The Honorable Robert S. Walker