HQ 086631: Electronic News Gathering (ENG) Television Camera Lenses; Motorized; Servo; Mounted; Zoom; Focus; Objective; Master Relay; Extender; Optical Elements

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 086631

                         October 2, 1991

CLA-2  CO:R:C:M  086631  CMS

CATEGORY: Classification

TARIFF NO.: 9002.11.80, 8529.90.30

Mr. Matthew J. Marks, Esq.
Marks, Murase & White
2001 L St., Ste. 750
Washington, D.C. 20036

RE: Electronic News Gathering (ENG) Television Camera Lenses;
    Motorized; Servo; Mounted; Zoom; Focus; Objective; Master
    Relay; Extender; Optical Elements

Dear Mr. Marks:

     This is in response to your request dated February 22, 1990,
for a classification ruling on certain electronic news gathering
(ENG) motorized television camera lenses.  The lenses are
manufactured by Fuji Photo Optical Co., Ltd. (Fujinon).

FACTS:

     The merchandise is described on p. 2 of the importer's
October 2, 1990, submission as "ENG lens system[s]".  The
"system[s]" consist of assemblies incorporating various lenses
(e.g. focus, zoom, extender and master relay lenses) and a servo
motor.  The lens assemblies may contain other attachments such as
switches for motorized and manual zooming, for adjusting the
iris, or for turning the camera's tape recorder or player on or
off.

     Certain other articles which the importer describes as parts
and accessories are entered separately from the lens assemblies.
These articles include a SRD zoom grip, an ERD zoom demand, a
CFH focus handle, a MCA mounting clamp, an ECE extension cable,
a FMM focus module and a CFC flex cable.  Other articles which
may be entered separately from the lens assemblies are an ESB
shot box, an EPD focus demand, a RCB control box, a FSP focus
positional, a FZP module, an EEC shot box cable, a GHA bracket
attachment, a FSM focus module and a FSP focus demand.



                               -2-

ISSUE:

     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Annotated (HTSUSA) superseded the Tariff Schedules of the United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 merchandise is described in the various Fujinon ENG
product brochures as "high quality lenses", "complete line of
quality lenses", "popular economical lenses", and "lightweight
lenses" (emphasis added).  The importer's comprehensive product
guide which describes the various types of motorized ENG lenses
is entitled "Lens Product Guide", and refers on the bottom of the
cover of the guide to the importer's "CCD Lenses" (emphasis
added).

     The motorized lenses under consideration are designed,
marketed and known as lenses.  The products are described by
Heading 9002.

     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
                               -3-

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.
The motorization feature allows the user to devote more time to
aiming the camera towards the target or object, and to spend less
time manually focussing or otherwise positioning the lenses.  The
switches which may be attached to the motorized lens essentially
enable the users to operate the product more effectively by
having these controls conveniently at their fingertips.
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).

     The importer argues on p. 11 of the October 2, 1990,
submission that the merchandise is not described by Heading 9002
because it contains various groups of different lenses and does
not perform "single discreet functions".  It is stated on p. 11
of the submission that "...if two or more of the [Heading 9002
Explanatory Note] exemplars are mounted together, they become
separate and distinct appliances...classifiable elsewhere in the
nomenclature."  It is argued on p. 12 of the submission that the
merchandise is "...not properly described by the term 'mounted
lens'".

     Heading 9002, however, is not limited to simple discreet
objective lenses.  The Explanatory Notes to Heading 9002,
p. 1461, state that "[t]he objective lens in an optical
instrument is the lens system that faces the object, giving an
image of the latter.  It may be a single lens but is usually a
group of lenses in a single mounting" (emphasis added). The
Explanatory Notes, p. 1461, also provide that "...the heading
includes: (1) Objective lenses, additional lenses...".

     The ENG motorized lenses under consideration are classified
as lenses, mounted, being parts of or fittings for instruments or
apparatus, objective lenses for cameras, in subheading
9002.11.80, HTSUSA.

     From the information provided, it appears that the SRD, ERD,
CFH, MCA, ECE, FMM, CFC, ESB, EPD, RCB, FSP, FZP, EEC, GHA, FSM
                               -4-

and FSP devices described in the October 2, 1990 submission are
classified as parts and accessories in subheading 9002.11.80,
HTSUSA.

     The classification of the merchandise under consideration is
determined pursuant to GRI 1.  Thus, the discussion in the
importer's February 22, 1990 submission regarding an analysis of
GRI 3 will not be addressed.

HOLDING:

     The ENG motorized lenses are classified as lenses, mounted,
being parts of or fittings for instruments or apparatus,
objective lenses for cameras, in subheading 9002.11.80, HTSUSA.
The SRD, ERD, CFH, MCA, ECE, FMM, CFC, ESB, EPD, RCB, FSP, FZP,
EEC, GHA, FSM and FSP devices are classified as parts and
accessories in subheading 9002.11.80, HTSUSA.

                              Sincerely,





                              Harvey B. Fox, Director
                              Office of Regulations and Rulings









cc.  Mr. Salvatore E. Caramagno, Esq.