HQ 0554465 - Classification of the RRC600 hand-held remote control transmitter - United States International Trade Commision Rulings

United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org Rulings By Number Rulings By Category Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 1990 HQ Rulings > HQ 0544283 - HQ 0554945 > HQ 0554465

HQ 554465

November 17, 1988

CLA-2 CO:R:C:G 554465 MR

CATEGORY: CLASSIFICATION

TARIFF NO: 685.60

District Director of Customs
Seattle, Washington

RE: Classification of the RRC600 hand-held remote control transmitter

Dear Sir:

This is our decision on Application for Further Review of Protest No. 3002-6-000055, dated February 18, 1986, contesting your classification of a certain programmable hand-held remote control infrared signal transmitter unit from Japan. The protest covers entry 85-117359-7, dated August 27, 1985. Liquidation took place January 24, 1986.

FACTS:

The subject merchandise, designated the "RRC600," is described as a programmable remote transmitter for a "Control Central Programmable Remote System." The hand-held device utilizes digital technology, and is capable of controlling up to four different home electronic products of the type which can accept instruction codes through infrared transmission.

Entry was made under item 688.42, Tariff Schedules of the United States (TSUS), which provides for "Electrical articles and electrical parts of articles, not specially provided for." Liquidation was under the provision for "Electrical switches,...and other electrical apparatus for making or breaking electrical circuits...; switchboards...and control panels; all the foregoing and parts thereof," in item 685.90, TSUS.

ISSUE:

Whether the RRC600 hand-held programmable remote control transmitter is properly classifiable as an electrical article, not specially provided for, in item 688.42, TSUS, or as a "switch," "control panel," or "other electrical apparatus for making or breaking electrical circuits" provided for in item 685.90, TSUS, or as "radio remote control apparatus," classifiable in item 685.60, TSUS.

LAW AND ANALYSIS:

The importer has submitted that the RRC600 is more than a switch because of its programming capabilities and its infrared transmitting function. Characterizing the subject device as a "dedicated computer," the importer contends that the proper classification would be in item 688.42, TSUS, as an electrical article, not specially provided for.

In support of classification of the subject merchandise in item 685.90, TSUS, citation has been made to previous administrative determinations which held certain devices to be classifiable as control panels. However, none of these devices were hand-held, and, more important, all were connectable to the article to be controlled- either by physical incorporation or by wire.

In Headquarters Ruling Letter 067433 (April 15, 1982), it was determined that certain hand-held "wireless" (i.e., utilizing either ultrasound or infrared transmission) remote control devices, designed for use with a television, were classified as television apparatus, in item 685.19, TSUS (1982). We agree that the subject article, while similar in function, is more than a television apparatus, given its designed capabilities to control a wider range of merchandise.

For tariff classification purposes, especially in the context of item 685.90, TSUS, the terms "electrical switch" and "apparatus for making or breaking of circuits" are not interchangeable with "control panel." The operation of a device based on principles of making or breaking of circuits (i.e., the "means" by which it functions) does not, per se, render an article classifiable either as a control panel, or as any other article enumerated in 685.90, TSUS.

In view of its programming capabilities and its various control functions, the RRC600 is more than a switch. Likewise, the RRC600 may be apparatus that, in the most narrow analysis, "makes or breaks electrical circuits." However, such is a description of "means," rather than the function which gives it an identity for purposes of tariff classification. That is, it is not "electrical apparatus for making or breaking electrical circuits" (emphasis added); rather, it is electrical apparatus for wireless remote control, which may in fact perform its operations through the making or breaking of electrical circuits.

Item 685.60, TSUS, specifically provides for radio remote control apparatus. In design, function, and use, the RRC600 is nothing more than radio remote control apparatus. As such, it is specifically described and properly classifiable in item 685.60, TSUS. Consequently, it is not necessary to address the question of whether the RRC600 can be considered a "control panel" as contemplated by item 685.90, TSUS.

HOLDING:

The RRC600 is properly classifiable in item 685.60, TSUS, which provides for radio remote control apparatus.

The protest is denied, except to the extent that reclassification of the merchandise as indicated above results in a partial allowance. A copy of this decision should be attached to the Form 19 Notice of Action to satisfy the notice requirements of section 174.30(a), Customs Regulations.

John Durant, Director
Commercial Rulings Division

Previous Ruling Next Ruling