CLA-2-90:OT:RR:NC:1:114
Ms. Virginia Patterson
ETB Corporation
1838 El Camino Real
Suite 215
Burlingame, CA 94010
RE: The tariff classification of the Star Flash Photography Flash Lighting Location Kit from China
Dear Ms. Patterson:
In your letter dated February 29, 2008, on behalf of Photoflex Products Inc., you requested a tariff classification ruling.
The Star Flash Photography Lighting Location Kit item, number SKSF300, is a flash lighting kit consisting of two flash lamps, two connectors, two stands, and two reflective litedomes in a carrying case. The reason for having two of every item in the kit is that it allows the photographer more variation in the amount of light that can be offered on location and more variation on where the light can be directed. The kit is designed to be used by photographers using film cameras.
The Star Flash units are monobloc flash units. The power supplies and the flash heads are in one unit, making the lights easier to use for location shooting than floor-generator power pack type strobes. The Star Flash units offer variable power of up to 300 watts per second. The Star Flash units are strobe lamps, not continuous direct lamps.
The aluminum Octo Connectors are also referred to as the Star Flash rotating connectors. They are designed to fit with the Star Flash units. The Octo Connectors connect the litedomes to the light stands.
The aluminum light stands weigh approximately four pounds. They have a tripod base with a double bar brace support, four telescoping sections with grip handles and a brass post as the top for securing the light heads. The light stands can hold up to a maximum of 12 pounds.
The reflective lightdomes are referred to as the multi Octodome Lighting domes and consist of a softbox light diffuser measuring 24 inches by 32 inches. The diffuser is a black nylon brimstone fabric shell stretched over steel rods with a silver colored reflective fabric in the front of the shell.
The Star Flash kit will be packaged inside a PVC carrying bag that measures 47.5 inches by 10 inches by 9 inches. The bag has a shoulder strap, handles at each side, padded exterior walls and wheels on one end to allow the kit to be pulled.
According to your letter, the Star Flash kit will be imported and sold as a packaged lighting kit for photographic shoots. It is marketed as a portable lighting studio in one bag.
As imported, the Star Flash Photography Lighting Location Kit, item number SKSF300, meets the definition of “goods put up in sets for retail sale.” As per GRI 3(b) of the Harmonized Tariff Schedule, the classification of the set is determined by the components or components taken together which confer on the set as a whole its essential character. The Star Flash units provide the essential character of this set.
You suggested classification under subheading 9006.99. HTSUS, which provides for parts and accessories: other, however, photographic flash apparatus is specifically provided for under subheading 9006.61, HTS.
The applicable subheading for the Star Flash Photography Lighting Location Kit, item number SKSF300, will be 9006.61.0060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for photographic flashlight apparatus and flashbulbs: discharge lamp (“electronic”) flashlight apparatus, other. The rate of duty will be free.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Barbara Kiefer at 646-733-3019.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division