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NY G82696




October 4, 2000

CLA-2-85:RR:NC:1:108 G82696

CATEGORY: CLASSIFICATION

TARIFF NO.: 8528.13.0005

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a television, radio, flashlight, lantern and siren combination from Hong Kong.

Dear Ms. Aldinger:

In your letter dated September 22, 2000 you requested a tariff classification ruling.

The item in question is denoted as a “Tech Station”. It is a multi-functional apparatus, which is composed of a 5” screen diagonal black and white television, an AM/FM radio, a wide beam flashlight, a fluorescent lantern and an emergency siren. All of these items are combined in the same housing and the complete item is designed with a built-in carrying handle. The item also comes with a separate AC power adapter, DC car adapter, an external jack and carrying strap. The item is designed with a battery compartment which when filled with the appropriate number of batteries allows for portable operation. The item’s intended use is for outdoor recreational activity.

The Explanatory Notes (EN’s) of the Harmonized Commodity Description and Coding System may be used to understand the language of the HTSUSA. EN IX states in pertinent part that:
composite goods made up of different components shall be taken to mean those in which components are attached to each other to form a practically inseparable whole but also those with separable components

The “Tech Station” multi-functional television, radio, lantern, flashlight and siren qualifies as a composite good because the components together form an inseparable whole. The classification of composite goods is governed by GRI 3(b).

GRI 3(b) states, in pertinent part, that 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 3a, shall be classified as if they consisted of the material or component which gives then their essential character, insofar as this criterion is applicable.

EN VIII to GRI 3(b) states that 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.

Upon physical examination of the article and review of the submitted information it is the opinion of this office that the essential character of the “Tech Station” is imparted by the television set. Its physical presence, cost and potential use dominates the item as a whole

The applicable subheading for the “Tech Station” will be 8528.13.0005, Harmonized Tariff Schedule of the United States (HTS), which provides for Reception apparatus for television, whether or not incorporating radiobroadcast receivers or sound or video recording or reproducing apparatus; video monitors and video projectors: Reception apparatus for television, whether or not incorporating radiobroadcast receivers or sound or video recording or reproducing apparatus: Black and white or other monochrome ... Combined with radiobroadcast receivers or sound or video recording or reproducing apparatus, having a video display diagonal: Not exceeding 16cm. The rate of duty will be 5 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Michael Contino at 212-637-7039.

Sincerely,

Robert B. Swierupski
Director,

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