# HQ 965903

> November 19, 2002
>
> **CLA-2: RR:CR:GC 965903 DBS**
>
> **CATEGORY:** Classification
>
> **TARIFF NO.:** 9013.80.90
>
> Mr. Daniel Ninedorf
>
> Specialized Camera Sales & Services, LLC
>
> N4068 Co Rd ZZ
>
> Montello, WI 53949
>
> **RE**: CoroSMART and CoroCAMs I, II, III and IV viewers and cameras
>
> Dear Mr. Ninedorf:
>
> This is in response to your letter of September 4, 2002, to the
> Director, Commercial Ruling Division, requesting the classification of
> certain ultraviolet and bispectoral viewers and cameras, under the
> Harmonized Tariff Schedule of the United States (HTSUS).
>
> **FACTS:**

The instant merchandise consists of five types of corona inspection
cameras, CoroSMART and CoroCAM Models I, II, III and IV (the CoroCAM
series, collectively). They are used to inspect corona discharge
activities on high voltage equipment. They operate in the ultraviolet
and visible light ranges.

The CoroSMART is described as the most basic corona-viewing camera in
the CoroCAM series. It is a filtered ultraviolet viewer that works like
a telescope by pointing the camera at the object under observation and
viewing the image through the eyepiece. It has no video output. It is
used for quick inspections.

The CoroCAM I is described as a filtered ultraviolet camera used for
corona detection, with an eyepiece or optional liquid crystal display
(LCD). It is designed for on-site inspections. It includes video output
for recording the displayed images of the corona and the object viewed.

The CoroCAM II is described as being designed as a research corona
detection tool to provide the engineer with real-time pictorial corona
information. It is the highest sensitivity ultraviolet camera with
desktop computer control for corona image grabbing and sizing of the
corona volume in each image or frame of video. The CoroCAM II software
database allows for capture and management of data.

The CoroCAM III is described as being designed for indoor or low-light
level electrical corona on-site inspections and to extend the working
hours of the CoroCAM I to include dawn and dusk. It produces a video
image of the corona and the object.

The CoroCAM IV can detect and display corona discharges in the brightest
daylight conditions through the use of special optics. It switches
between "as seen" images and the corona images, and has a video output
for recording.

The CoroSMART, the CoroCAM I, CoroCAM III and CoroCAM IV are
battery-powered portable devices imported and used to locate electrical
coronas by industry, electric utilities and service companies. The
CoroCAM II was designed for research and development purposes.

In your letter requesting a classification ruling, you stated the
cameras were previously being entered incorrectly under heading 9006,
HTSUS, as other photographic cameras. You suggest the cameras are
properly classifiable in heading 9027, HTSUS, as instruments for
measuring or checking quantity of light.

**ISSUE:**

> What is the tariff classification under the HTSUS of the 5 cameras?

**LAW AND ANALYSIS:**

Classification under the HTSUS is made in accordance with the General
Rules of Interpretation (GRIs). GRI 1 provides that articles are to be
classified by the terms of the headings and relative Section and Chapter
Notes. For an article to be classified in a particular heading, the
heading must describe the article, and not be excluded therefrom by any
legal note. In the event that goods cannot be classified solely on the
basis of GRI 1, and if the headings and legal notes do not otherwise
require, the remaining GRIs may then be applied.

In understanding the language of the HTSUS, the Harmonized Commodity
Description and Coding System Explanatory Notes (ENs) may be utilized.
ENs, though not dispositive or legally binding, provide commentary on
the scope of each heading of the HTSUS, and are the official
interpretation of the Harmonized System at the international level.
Customs believes the ENs should always be consulted. *See* T.D. 89-80,
54 Fed. Reg. 35127, 35128 (August 23, 1989).

The HTSUS provisions under consideration are as follows:

> **9006** Photographic (other than cinematographic) cameras;
> photographic flashlight apparatus and flashbulbs other than discharge
> lamps of heading 8539; parts and accessories thereof:

9006.59 Other:

9006.59.90 Valued over \$10 each

\* \* \*

> **9013** Liquid crystal devices not constituting articles provided for
> more specifically in other headings; lasers, other than laser diodes;
> other optical appliances and instruments, not specified or included
> elsewhere in this chapter:
>
> 9013.80 Other devices, appliances and instruments:
>
> 9013.80.90 Other

\* \* \*

> **9027** Instruments and apparatus for physical or chemical analysis
> (for example, polarimeters, refractometers, spectrometers, gas or
> smoke analysis apparatus); instruments and apparatus for measuring or
> checking viscosity, porosity, expansion, surface tension or the like;
> instruments and apparatus for measuring or checking quantities of
> heat, sound or light (including exposure meters); microtomes; parts
> and accessories thereof:
>
> 9027.50 Other instruments and apparatus using optical radiations
> (ultraviolet, visible, infrared):
>
> 9027.50.40 Electrical

Heading 9006, HTSUS, covers photographic cameras. EN 90.06 states that
the heading \"**does not apply** to apparatus consisting of an
instrument equipped to record images by photographic means, but
essentially designed for some other purpose, e.g., a telescope,
microscope, spectrograph, stroboscope.\"

Though several of the instruments incorporate a video output, they do
not record by photographic means, nor are they designed to do so. They
are designed to detect and observe corona discharges. Therefore, we
agree that the classification of these cameras in heading 9006, HTSUS,
in incorrect.

You contend that the CoroCAM line of cameras are classifiable under
heading 9027, HTSUS, which provides for, among other things, instruments
for measuring or checking quantities of light. However, as the heading
indicates, instruments of this heading give a quantitative verification
or measure of light. The CoroCAM cameras utilize ultraviolet filters to
detect or observe the electrical light intensity, and display it in the
form of images for engineers to evaluate. Based upon the information you
provided us, none of the cameras perform any quantitative verification
or measurement. Thus, the cameras do not meet the terms of heading 9027,
HTSUS.

Additional U.S. Note 3 to Chapter 90, HTSUS, states that "optical
appliances" and "optical instruments," for purposes of the chapter,
"incorporate one or more optical elements, but do not include any
appliances or instruments in which the incorporated optical element or
elements are solely for viewing a scale or for some other subsidiary
purpose." Optical elements include, but are not limited to, lenses and
prisms. All five cameras incorporate at least one optical element that
is essential to the detection of corona discharge, which is the primary
purpose of the cameras. Thus, the cameras are optical appliances.

In HQ 961289, dated March 30, 1998, Customs classified a thermal imaging
system used by firefighters to see through dense smoke under heading
9013, HTSUS, which provides, in part, for other optical appliances. The
system detected the infrared radiation emitted by object and materials
in the form of heat, and utilized optical elements such as prisms and
lenses to create images. The CoroCAM cameras are analogous to the
thermal imaging system in that they detect coronas emitted by
high-voltage equipment with ultraviolet and visible radiations, and
utilize lenses and video to view or create an image.

There is no other heading in Chapter 90 or any other chapter of the
HTSUS that covers these cameras more specifically. As with the thermal
imaging system, these products are classifiable in the basket provision
for optical appliances, heading 9013, HTSUS.

**HOLDING:**

> The CoroSMART, CoroCAM I, CoroCAM II, CoroCAM III and CoroCAM IV

are classifiable in subheading 9013.80.90, HTSUS, which provides for,
"Liquid crystal devices not constituting articles provided for more
specifically in other headings; lasers, other than laser diodes; other
optical appliances and instruments, not specified or included elsewhere
in this chapter: other devices, appliances and instruments: other."

> Sincerely,

Myles B. Harmon, Acting Director

Commercial Rulings Division