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HQ 964601





June 13, 2001

CLA-2 RR:CR:GC 964601 GOB

CATEGORY: CLASSIFICATION

TARIFF NO.: 8512.30.00

Mr. Kurt M. Moss
Japan Freight Consolidators, Inc.
1800 Landmeier Road
Elk Grove, IL 60007

RE: HQ 954371 revoked; Radar detector

Dear Mr. Moss:

This letter is with respect to HQ 954371 dated August 12, 1993, issued to you on behalf of Sanyo Tecnica Co., concerning the classification under the Harmonized Tariff Schedule of the United States (“HTSUS”) of a radar detector.

Pursuant to section 625(c), Tariff Act of 1930 (19 U.S.C. 1625(c)), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, Pub. L. 103-182, 107 Stat. 2057, 2186 (1993), notice of the proposed revocation of HQ 954371, as described below, was published in the Customs Bulletin on May 2, 2001. No comments were received in response to that notice.

FACTS:

The subject merchandise is a Lambda series model 563XK radar detector, which was described in HQ 954371 as follows:

It utilizes three microwave integrated circuits with seven additional integrated circuits and is designed to be installed in an automobile to detect and signal the automobile driver of the presence of police speed detecting radar. The car battery supplies the radar detector with the necessary operating energy. In HQ 954371 we found the subject radar detector to be classified in subheading 8531.80.00, HTSUS, as: “Electric sound or visual signaling apparatus ... other than those of heading 8512 or 8530 ... : ... Other apparatus: ... Other: ... Other.” We have reviewed that classification and have determined that it is incorrect. This ruling sets forth the correct classification.

ISSUE:

What is the tariff classification of the subject radar detector?

LAW AND ANALYSIS:

Classification under the HTSUS is made in accordance with the General Rules of Interpretation (“GRI’s”). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI’s may then be applied.

The Harmonized Commodity Description and Coding System Explanatory Notes (“EN’s”) constitute the official interpretation of the Harmonized System at the international level. While neither legally binding nor dispositive, the EN’s provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings. See T.D. 89-80.

The HTSUS provisions under consideration are as follows:

8512 Electrical lighting or signaling equipment (excluding articles of heading 8539), windshield wipers, defrosters and demisters, of a kind used for cycles or motor vehicles; parts thereof:

8512.30.00 Sound signaling equipment

8531 Electric sound or visual signaling apparatus (for example, bells, sirens, indicator panels, burglar or fire alarms), other than those of heading 8512 or 8530; parts thereof:

8531.80 Other apparatus:

Other:

8531.80.90 Other.

EN 85.12 provides, in pertinent part, as follows:

This heading covers electrical apparatus and appliances specialised for use on cycles or motor vehicles for lighting or signalling purposes ... The heading includes, inter alia:
...
(11) Horns, sirens and other electrical sound signalling appliances.

Heading 8531, HTSUS, contains certain limiting language, i.e., “ ... other than those of heading 8512 ...” Accordingly, if the subject radar detectors are described in heading 8512, HTSUS, they are not classified in heading 8531, HTSUS.

The McGraw-Hill Encyclopedia of Science & Technology (1995) provides in pertinent part as follows:

Radar operates by transmitting electromagnetic energy into the surroundings and detecting energy reflected by objects. If a narrow beam of this energy is transmitted by the directive antenna, the direction from which reflections come and hence the bearing of the object may be estimated. The distance to the reflecting object is estimated by measuring the period between the transmission of the radar pulse and reception of the echo. In most radar applications, this period will be very short since electromagnetic energy travels with the velocity of light. Many different kinds of radar have been developed for a wide range of purposes, but they all use electromagnetic radiation (radio waves) to detect and measure certain characteristics of objects (or targets) in their vicinity.

We find that the subject radar detectors are described in the heading text of heading 8512, HTSUS, i.e., they are electrical signalling equipment of a kind used in motor vehicles. We also note that heading 8512, HTSUS, is more specific than heading 8531, HTSUS.

We therefore find that the subject radar detectors are classified in subheading 8512.30.00, HTSUS, as: “Electrical lighting or signaling equipment (excluding articles of heading 8539), windshield wipers, defrosters and demisters, of a kind used for cycles or motor vehicles; parts thereof: ... Sound signaling equipment.”

Our determination is consistent with a recent decision on similar merchandise (“An electrical apparatus designed to be used in a motor vehicle to warn the driver that a speed detection device, a ‘radar gun’ or a ‘laser gun,’ is operating in the vicinity.”) by the Harmonized System Committee (“HSC”). See Annex IJ/15 to Doc. NC0250E2 (HSC/25/March 2000) where the HSC classified similar merchandise in subheading 8512.30. As we stated in T.D. 89-80, decisions of the HSC should be treated in the same manner as the EN’s, i.e., while neither legally binding nor dispositive, the they provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings. T.D. 89-80 further states that EN’s and decisions of the HSC “should receive considerable weight.”

HOLDING:

The Lambda series model 563XK radar detectors are classified in subheading 8512.30.00, HTSUS, as: “Electrical lighting or signaling equipment (excluding articles of heading 8539), windshield wipers, defrosters and demisters, of a kind used for cycles or motor vehicles; parts thereof: ... Sound signaling equipment.”

EFFECT on OTHER RULINGS:

HQ 954371 is revoked. In accordance with 19 U.S.C. 1625(c), this ruling will become effective 60 days after its publication in the Customs Bulletin.

Sincerely,

John Durant, Director
Commercial Rulings Division

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