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HQ 088599


May 2, 1991

CLA-2 CO:R:C:M 088599 AJS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8529.90.35

Ms. Ruth Maness
Attorney in fact
Burlington Air Imports
P.O. Box 59943
Oklahoma City, Oklahoma
73159-0043

RE: Universal remote control device; Subheading 8529.90.35; Heading 8537; Subheading 8526.92.00; HQ 085355; HQ 087108; HQ 087774.

Dear Ms. Maness:

Your undated letter requesting a tariff classification of the 1 Control IV Universal Remote (1-C-IV) has been forwarded to this office for reply.

FACTS:

The 1-C-IV is an infrared remote control device imported and sold separately. It is capable of operating a video cassette recorder (VCR), compact disc (CD) player, cable box or television (TV) receiver. It is pre-programmed for use with various brands of TVs, VCRs, CD players etc. When a code number is entered into the 1-C-IV, it activates the necessary program to operate a particular apparatus. The 1-C-IV is intended to replace individual remotes which previously controlled only a few of the above devices, or lost or broken remotes.

ISSUE:

Whether the 1-C-IV is properly classifiable within heading 8537, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for "[b]oards, panels (including numerical control panels), consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity . . . "; or classifiable within heading 8526, HTSUSA, which provides
for radio remote control apparatus; or classifiable within heading 8529, HTSUSA, which provides for "[p]arts suitable for use solely or principally with the apparatus of headings 8525 to 8528: [o]ther: [o]f television apparatus: [o]ther."

LAW AND ANALYSIS:

In HQ 085355 (01/04/90) (copy attached) and its reconsider- ation in HQ 087108 (08/29/90), Customs classified a unified infrared remote control device within subheading 8529.90.35, HTSUSA. In HQ 085355, the device was used to operate a T.V. receiver, VCR and related audio components. The 1-C-IV is used to operate a VCR, T.V. receiver, CD player or cable box. We are of the opinion that these devices are similar and classified in the same manner. Accordingly, the 1-C-IV is classifiable within subheading 8529.90.35, HTSUSA, which provides for parts of television apparatus.

In HQ 087774 (03/13/91), a device which partially consisted of a universal remote controller was held to be classified within subheading 8537.10.00, HTSUSA. The difference between that device and the one under consideration is that it also could accept signals from a computer printer, switch a computer monitor between computer and video images, detect if a VCR was producing a video signal or not, and detect certain positions on a VCR tape. That device satisfied the terms of heading 8537, HTSUSA, because it was used to control various operations of a PC, monitor, VCR and other infrared controllable devices by transferring signals between these devices so that they could be used in conjunction with one another. For these reasons, it is our view that these two devices are not similarly classifiable merchandise.

The fact that the 1-C-IV is imported separately, instead of with a television receivers, does not precluded it from classification within subheading 8529.90.35, HTSUSA. In HQ 085355, we viewed the fact that the vast majority of those devices are sold with a T.V. receiver as evidence that the devices are used solely or principally with a T.V. receiver. Despite the absence of this fact in this instance, we continue to view the 1-C-IV as a device which is suitable for use solely or principally with the apparatus of heading 8525 to 8528. This factor is the determinative one for the purposes of classifi- cation within subheading 8529.90.35, HTSUSA.

You argue that the 1-C-IV is classifiable within subheading 8526.92.00, HTSUSA, which provides for radio remote control apparatus. The subject article does not satisfy the terms of this subheading. It is an infrared remote control device, and
not a radio remote control device. Therefore, the 1-C-IV is not properly classifiable within subheading 8526.92.00, HTSUSA.

HOLDING:

The 1-C-IV is classifiable within subheading 8529.90.35, HTSUSA, which provides for parts suitable for use solely or principally with the apparatus of headings 8525 to 8528, currently dutiable at the rate of 3.7 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division


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