Background

The Court of International Trade ruled recently that eight models of camera housings are properly classified as camera parts under HTSUS 8529.90.86 (duty-free). U.S. Customs and Border Protection had classified these items as camera cases under HTSUS 4202.99.9000 (20 percent duty).

The items at issue are form-fitted to specific action cameras, which they are designed to enclose, and consist of a ridged plastic shell made of polycarbonate with a hardened flat glass over the section of the housing where the camera’s lens assembly is situated. They feature spring-loaded buttons mated with corresponding buttons on the camera to control camera functions while the camera is housed. They have a thin layer of foam on the inner rear door to ensure a tight fit and stabilization but do not provide for impact padding on the outside or inside.

The CIT finds that these items are not camera cases because the user does not have to remove a flap or cover to initiate use of the camera. In addition, they fail to meet the elements of storage, organization, and carriage of cameras as set forth in the description of HTSUS heading 4202, which also precludes them from being “similar containers” to camera cases.

Instead, the court states, the most significant properties of these housings are those that facilitate, enhance, or enable use of the camera. The court also finds that the housings are designed and sold for exclusive use with specific cameras, which are not built for use independent of the housings.

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