HQ 083616: Photographic Illuminators

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 083616

                                   February 12, 1990


            CLA-2 CO:R:C:G 083616 JLJ

            CATEGORY: Classification

            TARIFF NO.: 9006.99.00

            Mr. William M. B. Ajemian
            Blaser & Mericle, Inc.
            1946 N. 13th Street, Suite 360
            Toledo, Ohio 43624

            RE:  Photographic Illuminators

            Dear Mr. Ajemian:

                 This is in reference to your request for a tariff
            classification ruling under the Harmonized Tariff Schedule of
            the United States Annotated (HTSUSA) for a photographic
            illuminator made in the United Kingdom.  You submitted a sample
            and descriptive literature along with your request.

            FACTS:

                 The sample is made of a woven fabric of man-made fibers
            over a spring steel rim.  It folds up to fit in its case.  When
            unfolded, the illuminator is shaped like a square with round
            corners.  It is available in several colors or color
            combinations (e.g., silver/white, gold/white, silver/black and
            translucent) and several sizes (20, 30 and 42 inches in
            diameter).

                 The illuminators can be used in both indoor and outdoor
            photography.  The size and color of illuminator used depends
            upon the type of photography involved and upon the effects
            desired.  The 20 inch size is recommended for close-ups or
            table-top work.  The 42 inch size is used for cinematography.

                 The illuminator can be used with flash apparatus, with
            photographic studio lamps, with other lighting apparatus and
            with regular outdoor lighting.



















                                          -2-


                 Some of the uses of the illuminator are as follows (the
            fabric color for each is shown in parentheses): (1) as a
            reflector for soft portrait illumination (white), (2) to absorb
            unwanted light by subtraction (black), (3) as a reflector to
            give warm tones (gold), (4) as a reflector to give sharp tones
            and the optimum reflectivity for portraiture (silver), and (5)
            for use as a diffuser when placed between the light source and
            the subject being photographed (translucent).

            ISSUE:

                 What is the classification of the photographic
            illuminator?

            LAW AND ANALYSIS:

                 In Customs Headquarters Ruling Letter (HRL) 085198 of
            November 17, 1989, two similar photographic reflectors for use
            in photography were assumed, absent evidence to the contrary,
            to be principally used as accessories for photographic
            flashlight apparatus.  The reflectors were classified as
            other accessories for photographic flashlight apparatus in
            subheading 9006.99.0000, HTSUSA.

                 Absent evidence to the contrary, we follow HRL 085198 in
            assuming that the instant merchandise is principally used as
            an accessory for photographic flashlight apparatus and must
            therefore be classified in subheading 9006.99.0000, HTSUSA,
            dutiable at the rate of 3.9 percent ad valorem.

            HOLDING:

                 The photographic illuminator is classified under the
            provision for other accessories for photographic flashlight
            apparatus in subheading 9006.99.0000, HTSUSA.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division


















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