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HQ 089877


December 18, 1991

CLA-2 CO:R:C:M 089877 DFC

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.40

Ralph H Sheppard, Esq.
Adduci, Mastriani, Meeks & Schill
Attorneys at Law
330 Madison Avenue
New York, New York 10017

RE: AM/FM radio/flashlight, fluorescent lamp and siren combination

Dear Mr. Sheppard:

In a letter dated June 14, 1991, to the Area Director of Customs in New York, you inquired as to the tariff classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), of a siren/fluorescent lamp/flashlight/radio combination manufactured in China. Your letter and the sample were referred to this office for a direct response to you.

FACTS:

The box in which the sample was submitted refers to the article as "The Survivor AM/FM Flashlight Radio With Fluorescent Lamp/Hitachi Bulb." It consists of multiple components joined together in a plastic case which incorporates a carrying handle. This combination article is powered by 6 "D" batteries and contains an AM/FM radio, a speaker and antenna, a flashlight, a fluorescent lamp, an electronic siren, earphone jack and an adjustable roll-away carry strap.

It is your opinion that this multi-functional unit is classifiable under subheading 8531.80.00, HTSUSA, as electric sound or visual signaling apparatus (for example, bells, sirens, indicator panels, burglar or fire alarms), other than those of heading 8512 or 8530, other apparatus.

ISSUE:

What imparts the essential character to the article?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that "classification shall be determined according to the terms of the headings and any relative section or chapter notes, and, provided such headings or notes do not otherwise require, according to [the remaining GRI's taken in order]." In other words, classification is governed first by the terms of the headings of the tariff and any relative section or chapter notes.

We agree with you that a GRI 3 analysis is appropriate here. GRI 3 reads as follows:

3. When, by application of rule 2(b) or for any other reason, goods are, prima facie, classifiable under two or more headings, classification shall be effected as follows:

(a) The heading which provides the most specific description shall be preferred to headings providing a more general description. However, when two or more headings each refer to part only of the materials or substances contained in mixed or composite goods . . . those headings are to be regarded as equally specific in relation to those goods, even if one of them gives a more complete or precise description of the goods.

(b) Mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, which cannot be classified by reference to 3(a), shall be classified as if they consisted of the material or component which give them their essential character, insofar as this criterion is applicable.

(c) When goods cannot be classified by reference to 3(a) or 3(b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration.

We agree with you that the electronic siren, if imported separately, would be prima facie classifiable under subheading 8531.80.00, HTSUSA, as electric sound or visual signalling apparatus, while the AM/FM radio, speaker and antenna would be prima facie classifiable under subheading 8527.19.00, HTSUSA, as other radiobroadcast receivers capable of operating without an external source of power. We also agree that the fluorescent lamp, if imported separately, would be prima facie classifiable under subheading 8513.10.20, HTSUSA, as other portable electric lamps designed to function by their own source of energy.

However, we do not agree that if the
"flashlight/searchlight" were to be imported separately, it would be prima facie classifiable under subheading 8531.80.00, HTSUSA, as electrical signalling apparatus. It is our observation that this component of the article is more specifically described under the provision for other portable electric lamps designed to function by their own source of energy in subheading 8513.10.40, HTSUSA. Our rationale for this position is that the "flashlight/searchlight" component serves the primary purpose of lighting up an area in the same way as a flashlight. Its signaling function is secondary or incidental to its primary function.

GRI 3(b) is relevant here because GRI 3(a) cannot be used in determining classification of the product. The Harmonized Commodity Description and Coding System Explanatory Notes (EN) to the HTSUSA, although not dispositive, should be looked to for the proper interpretation of the HTSUSA. See 54 FR 35128 (August 23, 1989). EN (IX) to GRI 3 (b) at page 4 reads as follows:

(IX) For the purpose of this RULE, composite goods made up of different components shall be taken to mean not only those in which the components are attached to each other to form a practically inseparable whole but also those with separable components, provided these components are adapted one to the other and are mutually complementary and that together they form a whole which would not be offered for sale in separate parts.

It is our opinion that the this multi-functional unit which is the subject of this ruling is a composite good because the components are attached to each other to form an inseparable whole.

Composite goods are classifiable as if they consisted of the component which gives them their essential character. EN VIII to GRI 3(b) at page 4 reads as follows:

(VIII) The factor which determines essential character will vary as between different kinds of goods. It may, for example, be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods.

It is our observation that the "Survivor" derives its essential character from its lighting components. Our rationale for this conclusion is that the primary function of the article is to produce light. The signalling and radio broadcast functions remain subsidiary to that function.

HOLDING:

The "Survivor" is classifiable under subheading 8513.10.40, HTSUSA, as other portable electric lamps designed to function by their own source of energy, dutiable at the column 1 rate of 6.9 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division


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