HQ 953116: MicroImager Digital Camera; CCD Camera; Optical Measuring or Checking Instruments; Electronic Still Image Video Cameras; Note 2 to Chapter 90; HQ 954727; HQ 088025; HQ 952164, Revoked

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 953116

                         October 6, 1993

CLA-2 CO:R:C:M 953116 RFA

CATEGORY:  Classification

TARIFF NO.: 8525.30.00

Mr. James F. Trubits
PBB USA Inc.
Customs Brokers
434 Delaware Avenue
Buffalo, NY  14202

RE:  MicroImager Digital Camera; CCD Camera; Optical Measuring or
     Checking Instruments; Electronic Still Image Video Cameras;
     Note 2 to Chapter 90; HQ 954727; HQ 088025; HQ 952164,
     Revoked

Dear Mr. Trubits:

     This is in response to your letter of December 8, 1992,
requesting reconsideration of HQ 952164 (September 1, 1992) which
classified the MicroImager Digital Camera under subheading
9011.90.00, of the Harmonized Tariff Schedule of the United
States (HTSUS).

FACTS:

     The subject merchandise, labeled the MicroImager, is a high
resolution solid state imaging device which is designed to be
attached to various devices such as microscopes, telescopes, x-
ray image converters, as well as other devices to check or
measure.  According to the information provided, the MicroImager
is a charged couple device (CCD) camera which samples the image
by using the attached device's optics and digitizes the picture. 
The image itself is viewed on a monitor.  

ISSUE:

     Is the MicroImager classifiable as parts and accessories to 
compound optical microscopes or as parts and accessories to
optical measuring or checking instruments or as a television
camera under the HTSUS?

 LAW AND ANALYSIS:

     Classification of merchandise under the HTSUS is in
accordance with the General Rules of Interpretation (GRI's),
taken in order.  GRI 1 provides that classification shall be
determined according to the terms of the headings and any
relative section or chapter notes.

     In HQ 952164, we determined that the MicroImager appeared to
be principally used with optical microscopes to transform the
microscope into a digital image analysis system.  Based upon that
information we held that the subject merchandise was classifiable
under subheading 9011.90.00, HTSUS, which provides for parts and
accessories of compound optical microscopes.

     In your request for reconsideration, you indicate that the
MicroImager has many applications beyond that of optical
microscopy.  For example, the subject merchandise can be used in
ballistic studies which involve high-speed shuttering or pulsed
stroboscopic illumination of projectiles in motion.  Another
application is the inspection of bare or populated boards to
detect errors in the board's wiring pattern or whether there are
wrong or missing electronic components.  

     You argue that the MicroImager is the same as the CCD camera
incorporated into the Leco 2001 Image Analysis System (LIAS)
which Customs classified as other optical measuring and checking
instruments in HQ 088025, dated January 17, 1991.  In HQ 088025,
Customs held that the LIAS was classifiable as a measuring
instrument because it was a functional unit, consisting of an
image analysis processor housed in a 386 computer, hard drive,
floppy disc drivers, a high resolution (CCD) camera, keyboard,
printer and high resolution monitors. 

     The classification of the LIAS as a measuring instrument is
based upon the fact that the LIAS is imported as a functional
unit.  In the present case, the MicroImager is a CCD camera,
which you claim is a part of a functional unit like the LIAS. 
Note 2 to Chapter 90 provides as follows:

     [p]arts and accessories for machines, apparatus,
     instruments or articles of this Chapter are to be
     classified according to the following rules:

     (a)  Parts and accessories which are goods included in
          any of the headings of this Chapter or of Chapter
          84, 85 or 91 (other than headings No. 84.85, 85.48
          or 90.33) are in all cases to be classified in
          their respective headings;

     According to Note 2 to Chapter 90, if the Microimager is
more specifically provided for in another heading other than a
parts heading, it should be classified there.  Customs recently
held in HQ 954727, dated August 17, 1993, that 

     CCD cameras known as still video cameras, or electronic
     still image cameras, are within a class or kind of
     merchandise classified, under the current language of
     the HTSUS, as "[T]elevision cameras: . . . Television
     cameras", in subheading 8525.30.00, HTSUS. 

     Based upon HQ 954727, we find that the MicroImager which is
a CCD camera and, therefore, is classifiable under subheading
8525.30.00, HTSUS.

HOLDING:

     The MicroImager is classifiable under subheading 8525.30.00,
HTSUS, which provides for: "[T]elevision cameras: . . .
Television cameras. . . ."  The general, column one rate of duty
is 4.2 percent ad valorem.  

EFFECT ON OTHER RULINGS:

     HQ 952164, dated September 1, 1992, no longer reflects the
position of Customs Service and is hereby revoked pursuant to
section 177.9(d) of the Customs Regulations [19 CFR 177.9(d)].

                              Sincerely,



                              John Durant, Director