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HQ 954952


DECEMBER 28 1993

CLA-2:CO:R:C:M 954952 JAS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8529.90.50

District Director of Customs
Area/Port of Blaine
Key Tower Bldg.
1000 2nd. Ave., #2200
Seattle, WA 98104-1049

RE: PRD 3004-92-100054; Satellite Dish Video System Receiver, Parts; Television Receiver/Decoder, Antenna Positioning, Heading 8528; Parts of Transmission Apparatus; Sole or Principal Use; HQ 953369, HQ 953370

Dear Sir:

This is our decision on Application for Further Review of Protest No. 3004-92-100054, filed by the broker representing Norsat USA, against your action in liquidating certain entries of satellite receiver components from Canada. The entries were liquidated on February 7, 21 and 28, March 6 and 20, and on April 3 and 17, 1992. This protest was timely filed on April 21, 1992.

FACTS:

The four (4) components in issue are designated the 6M Message Memory Module, FMD-50, CLR-50, and the (System Receiver) SR-60. They are parts of satellite receivers but are not further described except for brief excerpts from the broker's letter of April 21, 1992, summarized as follows: The 6M is designed to receive a radio transmission. It does not have the capability to receive audio or video transmission; the FMD-50 and CLR-50 are designed to receive data only from a satellite. They are not capable of receiving video or audio transmissions; the SR-60 is part of an audio/video receiver.

The first and fourth components were entered under provisions of heading 8529, as parts suitable for use solely or principally with the apparatus of headings 8525 to 8528, while the second and third components were entered under the provision for electrical machines and apparatus not specified elsewhere in Chapter 85. The first component was liquidated under a provision in heading 8529 for parts of television apparatus, while the - 2 -
remaining three components were liquidated under the provision in heading 8528 for other television receivers. For the reasons that follow, the concerned import specialist now agrees that the components are provided for in an appropriate subheading of heading 8529, as parts suitable for use with apparatus of headings 8525 to 8528.

The provisions under consideration are as follows:

8528.10.60 Other television receivers...2 percent under the United States-Canada Free-Trade Agreement

8529.90.35 Parts of television apparatus: Other; Other ...Free under subheading 9905.85.55 (CA)

8529.90.45 Parts of radar, radio navigational aid or radio remote control apparatus: Other...
Free (CA)

8529.90.50 Parts suitable for use solely or principally with the apparatus of headings 8525 to 8528: Other...Free (CA)

8543.80.90 Electrical machines and apparatus, having individual functions, not specified or included elsewhere in [chapter 85]: Parts: Other...Free (CA)

ISSUE:

Whether these components are parts classifiable according to the apparatus with which they are solely or principally used.

LAW AND ANALYSIS:

Merchandise is classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) in accordance with the General Rules of Interpretation (GRIs). GRI 1 states in part that for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes, and provided the headings or notes do not require otherwise, according to GRIs 2 through 6. - 3 -

HQ 953369, dated February 10, 1993, considered the relationship of heading 8525 to heading 8528 with respect to certain satellite receivers, apparatus that receives television signals broadcast from satellites in the atmosphere, rotates and positions a dish antenna to maximize reception of these signals, then unscrambles or decodes the signals and transmits them to a television (TV) receiver or video cassette recorder (VCR). The decision held that the apparatus was a composite machine whose transmission function, when compared to its antenna-positioning function, was its principal function. The receivers were found to be classifiable in subheading 8525.10.20, HTSUS, as television transmission apparatus. The concerned import specialist agrees that the principles of HQ 953369 govern the classification of the components in issue here.

HOLDING:

The 6M Message Memory Module, the FMD-50 and CLR-50, and the SR-60 are principally used with television transmission apparatus of heading 8525. Under the authority of GRI 1, they are provided for in heading 8529 and are classifiable in subheading 8529.90.50, HTSUS, as other parts suitable for use solely or principally with the apparatus of headings 8525 to 8528.

The protest should be allowed. In accordance with Section 3A(11)(b) of Customs Directive 099 3550-065, dated August 4, 1993, Subject: Revised Protest Directive, you should mail this decision, together with the Customs Form 19, to the protestant no later than 60 days from the date of this letter. Any reliquidation of the entry or entries in accordance with the decision must be accomplished prior to mailing the decision. Sixty days from the date of the decision the Office of Regulations and Rulings will take steps to make the decision available to Customs personnel via the Customs Rulings Module in ACS and to the public via the Diskette Subscription Service, Lexis, the Freedom of Information Act and other public access channels.

Sincerely,

John Durant, Director
Commercial Rulings Division


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