CLA-2 CO:R:C:M 950411 AJS
Mr. Louis Schneider
Freeman, Wasserman & Schneider
90 John Street
New York, N.Y. 10038
RE: Reconsideration HQ 831677; Multiformat Camera; Subheading
9006.59.90; ENs 90.06 (I); H. Conf. Rep. No. 576; focus;
Brookside Veneers, LTD v. U.S.; Austin Chem. Co. v. U.S.;
McGraw-Hill Dictionary of Scientific and Technical Terms; The
Photonics Dictionary; Webster's Third New International
Dictionary; The Random House Dictionary of the English
Language; 19 CFR 177.9(d)(1); 19 CFR 177.9(d)(2).
Dear Mr. Schneider:
We have been asked to partially reconsider New York
Ruling (NY) 831677, issued to your office on October 24,
1988, regarding the tariff classification under the
Harmonized Tariff Schedule of the United States (HTSUS) of a
Computerized Tomography Scanner System and a Multiformat
Camera (MC). This reconsideration concerns only the
classification of the MC.
FACTS:
In NY 831677, Customs classified the MC within sub-
heading 9006.59.90, HTSUS, as an other photographic camera
that is "other than fixed focus" and valued over $10. At
that time, we believed that the MC was capable of being
focused. However, it has come to our attention that this is
not the case.
The MC is an auto-loading cassetteless device which
consists of an internal video receiver (i.e., a monitor or
CRT), and a means to transfer a video image onto standard
rapid processing transluminated x-ray film. Its sole purpose
is to produce a hard copy of the x-ray radiograph. The
CRT's focus can be adjusted electronically or by moving the
CRT carriage itself.
ISSUE:
Whether the MC is properly classifiable within
subheading 9006.59.90, HTSUS, which provides for other
photographic cameras which are "other than fixed focused",
and valued over $10 each; or classifiable within subheading
9006.59.40, HTSUS, which provides for other photographic
cameras which are "fixed focus".
LAW AND ANALYSIS;
Heading 9006, HTSUS, provides for photographic cameras.
The Harmonized Commodity Description and Coding System
Explanatory Notes (ENs) state that this group covers all
kinds of photographic cameras, whether for professional or
amateur use. ENs 90.06 (I), p. 1465 (1991). The subject MC
is used for medical purposes. There are many types of
cameras, but the conventional type consists essentially of a
light-tight chamber, a lens, a shutter, a diaphragm, a holder
for a photographic plate or film, and a viewfinder. ENs
90.06 (I). The subject MC satisfies this description. It is
a camera which uses a video image from a CRT to reproduce,
via a mirror and fixed focus lens, an image onto x-ray film.
It consists of a light-tight area, a lens, a shutter, a place
for film, and a CRT which acts as a viewfinder. While the
ENs are not dispositive, they provide a commentary on the
scope of each heading and offer guidance for interpretation
of the HTSUS. H. Conf. Rep. No. 576, 100th Cong., 2D Sess.,
p. 549, reprinted in 1988 U.S. CODE CONG. & ADMIN. NEWS p.
1582. Accordingly, we find the above ENs instructive for
determining that the subject MC satisfies the terms of
heading 9006, HTSUS.
Subheading 9006.59.40, HTSUS, provides for "fixed focus"
photographic cameras. In NY 831677, Customs was of the view
that the MC was capable of being focused, and thus excluded
from classification within this subheading. However, we have
received additional information which has caused us to
reexamine this conclusion. The MC contains a lens mounted on
the light path between the CRT and the film. The sole
purpose of this lens is to focus the image from the CRT onto
the film. The lens itself cannot be adjusted or moved. This
raises the question of whether the MC is in fact capable of
being focused.
The term "focus" is not defined in the HTSUS. When this
is the case, it is presumed that Congress intended to apply
the term's common and commercial meaning. Brookside Veneers,
LTD v. United States, 847 F. 2d 789 (1988). To ascertain the
common and commercial meaning of a term, dictionaries and
other lexicographic authorities may be consulted. Austin
Chem. Co. v. United States, 835 F. 2d 1423 (Fed. Cir. 1987).
The term "focus" is described as "to move an optical lens
towards or away from a screen or film to obtain the sharpest
possible image of a desired object." McGraw-Hill Dictionary
of Scientific and Technical Terms, (3rd ed. 1984). This term
is also described as "to adjust the camera lens, plate or
film holder so that the image is rendered distinct." The
Photonics Dictionary, Book 4 (35th ed. 1989). See also
Webster's Third New International Dictionary, (unabridged
1986) and The Random House Dictionary of the English
Language, (unabridged 1983). The MC does not satisfy these
descriptions. The lens in the MC cannot be moved or adjusted
to obtain a sharper or more distinct image of an object. The
CRT is the device that is moved or adjusted. Based on the
above descriptions, we do not view this type of movement to
be focusing as this term relates to cameras. Therefore, the
MC is classifiable as a "fixed focus" camera based on the
fact that its lens cannot be focused.
It is stated that the MC is focused by electronic
adjustment of the CRT. This adjustment causes a bias
voltage change on the focusing grid of the CRT which adjusts
the clarity with a focus adjustment. This is a type of
electronic focusing. In electronics, the term "focus" is
defined as "to control convergence or divergence of the
electron paths within one or more beams, usually by adjusting
a voltage or current in a circuit that controls the electric
or magnetic fields through which the beams pass, in order to
obtain a desired image or a desired current density within
the beam." McGraw-Hill Dictionary of Scientific and
Technical Terms, (3rd ed. 1984). Electronic focusing is
different from the optical focusing associated with cameras.
Accordingly, we do not view this electronic focusing as the
type required in order for the MC to be considered as "other
than fixed focus" within the meaning of heading 9006, HTSUS
The focus of the image generated by the CRT can also be
affected by adjustment of the rail height of the CRT. This
adjustment is only minimal and occurs at the time the MC is
set up for use, not each time it is used by an operator. As
mentioned previously, either the lens, film holder or plate
must move in order for an optical device to capable of being
focused. The movement of the rail does not satisfy this
description. Thus, we also do not find this movement of the
type required for the MC to be considered as "other than
fixed focus" within the meaning of heading 9006, HTSUS.
Subheading 9006.59.90, HTSUS, provides for "other than
fixed focus" photographic cameras. As discussed previously,
Customs initially classified the MC within this subheading
because we were of the view that it could be focused.
However, the MC is not in fact "other than fixed focus".
Thus, the MC is not properly classifiable within subheading
9006.59.90, HTSUS.
This ruling should be considered a modification of NY
831677 under 19 CFR 177.9(d)(1). It is not to be applied
retroactively to your merchandise (19 CFR 177.9(d)(2)), and
will not, therefore, affect past transactions for the
importation of your merchandise under that ruling. However,
for the purposes of future transactions in merchandise of
this type, that ruling will no longer 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 this modification. If such a
situation should arise, you may, at your discretion, notify
this office and apply for relief from the binding effects of
this ruling as may be warranted by the circumstances.
HOLDING:
The Multiformat camera is classifiable within subheading
9006.59.40, HTSUS, which provides for other "fixed focus"
photographic cameras, currently dutiable at the General
Column 1 rate of 4 percent ad valorem. NY 831677 is
modified accordingly.
Sincerely,
John Durant, Director
Commercial Rulings Division