Camera Housings are 'Parts,' Not 'Cases,' Argues GoPro

Camera housings are properly classified as camera "parts" rather than "camera cases," argued GoPro at the Court of International Trade in an Aug. 5 motion for summary judgment (GoPro v. U.S., CIT #20-00176).

The items at issue are housings for the GoPro HERO action cameras imported October 2018 to February 2019. The items are made specifically for the GoPro HERO and incorporate various features, including waterproofing and heat sinks. Upon importation, CBP classified the housings under subheading 4202.99.9000 as "camera cases" or "similar containers" dutiable at 20%. GoPro protested the classifications, arguing that the housings were properly classified under the duty-free subheading 8529.90.1960. CBP denied the protest and GoPro filed suit at CIT.

The camera housing is an integral part of the GoPro action camera and should be considered "parts" as they contribute to the camera's primary hands-free function, GoPro said. Unlike every example listed in heading 4202, the housings don't share the "characteristics and the primary purpose," which is the ability to store, organize, carry and protect. Instead, GoPro said, the housings are "intended for a use which is integral to the premise of hand-free action camera." The housings are designed "solely and exclusively" as a part of a camera system. The housings "hold no function" outside their use within that system, nor are the cameras themselves designed to operate without the housings, which means the housings meet the standard for a "parts" provision, argued GoPro.

In the event that Judge Timothy Reif disagrees with the proposed classification, GoPro also asked the court to consider a classification under 3926.90.9980 as "other articles of plastics ..." dutiable at 5.3% as the items are predominantly composed of polycarbonate plastic.