HQ 0950863 - Protest 0901-91-170072; Vehicular charger; Heading 8504; EN 85.04(II); static converters; H. Conf. Rep. No. 576; HQ 083672; Protest 0901-0-700353. - 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 > 1993 HQ Rulings > HQ 0950721 - HQ 0950873 > HQ 0950863

HQ 950863

April 3, 1992

CLA-2 CO:R:C:M 950863 AJS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8529.90.50

District Director
U.S. Customs Service
111 West Huron Street
Buffalo, NY 14202

RE: Protest 0901-91-170072; Vehicular charger; Heading 8504; EN 85.04(II); static converters; H. Conf. Rep. No. 576; HQ 083672; Protest 0901-0-700353.

Dear District Director:

Protest for further review number 0901-91-170072, dated March 21, 1991, was filed against the tariff classification of a vehicular charger within subheading 8529.90.50, Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The merchandise under protest is the "M-PD Vehicular Charger" (VC). It consists of a cradle containing a DC/DC charger, a 12 watt amplifier, speaker and microphone. It is used to convert a portable radio into a mobile radio. When the radio is latched into the VC an automatic connection is created to the radio speaker, microphone, and antenna leads. Inserting the radio into the charger activates a switch in the battery compartment of the VC which turns the power on to the charging circuit. A second switch senses the longer, higher capacity battery packs and adjusts the charge rate accordingly. If the on/off switch on the charger volume control is in the off position, only the charger function operates.

When the switch is turned on, then the following additional features can be activated:

If the radio has been turned on before insertion into the charger and the latch is not engaged, audio
will be heard from the radio's speaker. No connection to the microphone or outside antenna occurs until the latch is operated.

When the radio is latched, the personal radio's speaker, microphone and antenna are defeated and connections are automatically made to the charger and the external microphone, speaker, and antenna. In addition, the act of latching the radio causes the final power switch to be activated, supplying voltage to the audio amplifier and dead power supply, and light the radio engaged LED. The personal radio is turned on regardless of the position of its power switch.

ISSUE:

Whether the VC is properly classifiable within heading 8504, HTSUS, which provides for static converters; or classifiable within heading 8529, HTSUS, which provides for parts and accessories for use solely or principally with the apparatus of headings 8525 to 8528.

LAW AND ANALYSIS:

Heading 8504, HTSUS, provides for static converters. The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) state that the apparatus of this group are used to convert electrical energy in order to adapt it for further use. ENs 85.04 (II), p. 1338 (1991). While the ENs are not dispositive, they provide a commentary on the scope of each heading and offer guidance for interpretation of the HTSUS. H. Conf. Rep. No. 576, 100th Cong., 2D Sess, p. 549, reprinted in 1988 U.S. CODE CONG. & ADMIN. NEWS p. 1582. The protestant claims that the VC satisfies this description because it is used to charge the batteries in a radio. However, the VC is not merely a battery charger. The submitted literature states that the VC is a new and innovative way to convert a portable radio into a mobile radio. When the radio is latched into the VC and recharging, it can also operate as a mobile radio through its own speaker, microphone and antenna or through an external microphone, speaker and antenna. Accordingly, the VC does not satisfy the terms of heading 8504, HTSUS, and is not classifiable therein.

Heading 8529, HTSUS, provides for parts and accessories for use solely or principally with radio apparatus. The VC satisfies the terms of this heading. It is used solely or principally to charge radio batteries and convert a portable radio into a mobile radio. More specifically, the VC is
described within subheading 8529.90.50, HTSUS, which provides for "other" parts and accessories for use solely or principally with radio apparatus.

In HQ 083672 (5/16/89), Customs classified a rechargeable battery set within subheading 8504.40.00, HTSUS. The protestant cites this ruling as support for their claimed classification. HQ 083672 involved merchandise which essentially charged batteries. The VC does not satisfy this description. It does not essentially charge batteries. As discussed previously, it also allows for the conversion of a portable radio into a mobile radio. Therefore, we do not find the cited ruling instructive for determining the classification of the VC.

The protestant also cites Protest No. 0901-0-700353 which approved a protested classification of a VC. This protest was approved based on the mistaken belief that the VC was essentially a battery charger. After receiving additional information, Customs realized that this was not in fact the case. Accordingly, Customs is not bound by this earlier decision.

HOLDING:

The vehicular charger is classifiable within subheading 8529.90.50, HTSUS, which provides for "other" parts and accessories of radio apparatus. You should deny the protest in full. A copy of this decision should be attached to the Customs Form 19 and mailed to the protestant as part of the notice of action on the protest.

Sincerely,

John Durant, Director
Commercial Rulings Division

Previous Ruling Next Ruling