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NY G85058




December 14, 2000

CLA-2-85:RR:NC:1:108 G85058

CATEGORY: CLASSIFICATION

TARIFF NO.: 8527.19.5045

Mr. Robert Scarlett
A. Burghart Shipping Co., Inc.
1 Cross Island Plaza
Rosedale, NY 11422

RE: The tariff classification of a combination AM/FM/ weather band radio with a beacon light from China.

Dear Mr. Scarlett:

In your letter dated December 1, 2000, on behalf of your client Refac Consumer Products, you requested a tariff classification ruling.

The item in question is a battery operated AM/FM/weather band radio combined in the same housing with a beacon light. The apparatus can operate both as an AM/FM radio with a weather band and as a beacon light with an option to flash as a safety device. For outdoor use a hand crank that is located at the bottom of the apparatus can recharge the battery. The item can also be operated indoors with the use of an adapter plug. It should be noted that the beacon light, with its appropriate on/off control is not operated or powered by an integrated chip.

As stated above the item is a combination radio and beacon light, in the shape of a lantern. After examination of the item both the radio and beacon light merit equal consideration for the determination of essential character. Therefore the item is prima facie classifiable under two headings. The beacon light is classified in heading 8513 and the radio in heading 8527. GRI 2(b) states that if a product is a mixture or combination of materials or substances that are, prima facie, classifiable in two or more headings, then GRI 3 applies. GRI 3(b) provides those composite goods consisting of different materials or made up of different components shall be classified as if they consisted of the material or component, which gives them their essential character. The item in question is essentially a composite good made up of an AM/FM radio and a beacon light with flashing capability. Therefore, the component that imparts the essential character to this article determines its classification.

EN VIII to GRI 3 (b) states that the factors will vary as between different kinds of goods to determine essential character of an article. 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.

Based upon examination and demonstration of this article it is the opinion of this office that neither the AM/FM radio nor the flashing beacon light impart the essential character. Therefore, GRI 3c is applicable. GRI 3c states that when goods cannot be classified by reference to GRI 3(a) or 3(b), they shall be classified under the heading that occurs last in numerical order.

The applicable subheading for the AM/FM/ Beacon light radio will be 8527.19.5045, Harmonized Tariff Schedule of the United States (HTS), which provides for Reception apparatus for radiotelephony, radiotelegraphy or radiobroadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock: Radiobroadcast receivers capable of operating without an external source of power, including apparatus capable of receiving also radiotelephony or radiotelegraphy: Other: Other Other: Other. The rate of duty will be 3 percent ad valorem for both 2000 and 2001.

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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