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NY G86158




January 22, 2001

CLA-2-90:RR:NC:MM:114 G86158

CATEGORY: CLASSIFICATION

TARIFF NO.: 9005.10.0080

Ms. Barbara Y. Wierbicki
Tompkins & Davidson, LLP
Counselors At Law
One Astor Plaza
1515 Broadway
New York, New York 10036-8901

RE: The tariff classification of combination binocular and AM/FM radio from China

Dear Ms. Wierbicki:

In your letter dated January 5, 2001, on behalf of Avon Products, Inc., you requested a tariff classification ruling on a combination binocular and AM/FM radio. A prototype sample of the combination binocular and AM/FM radio was submitted with the ruling request.

The submitted item number PP 220985 is identified as a Binocular Radio. The combination article consists of a binocular and AM/FM radio in a translucent molded plastic case. The Binocular Radio measures approximately 4 inches in length, 3 ½ inches in width and 2 inches in height. The binocular features a wide-angle lens with 600 power magnification, adjustable focus and translucent molded plastic housing. The housing has a protruding ½ inch wide loop on each side. You have stated in your letter that the final product will include a neck strap inserted through the two side loops. The bottom of the housing has two parallel 1 ¼ inch slits, which are designed to accommodate a small detachable AM/FM radio. The radio has matching plastic housing. The radio measures approximately 3 ¼ inches in length, 2 inches in width and ½ inch in height. The radio requires two AAA batteries to operate. The radio features a channel selection dial, volume control dial which is also an on/off dial, speaker, antenna and earphones. The Binocular Radio is packed in a cardboard box ready for retail sale. You have indicated that Avon Products, Inc., contemplates importing the Binocular Radio from China.

Classification of merchandise under the Harmonized Tariff Schedule of the United States is governed by the General Rules of Interpretation (GRIs) taken in order. The combination binocular and AM/FM radio is a composite article that is classifiable under more than one heading, each equally specific. It is the opinion of this office that there is no essential character for this composite article. Accordingly, the combination binocular and AM/FM radio will be classified according to General Rule of Interpretation 3(c) which states “when goods cannot be classified by reference to 3(a) or 3(b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration”. Applying GRI 3(c), the merchandise is classifiable under heading 9005 since it occurs last in numerical order of the two competing headings.

Your sample is being returned as requested.

The applicable subheading for the Binocular Radio will be 9005.10.0080, Harmonized Tariff Schedule of the United States (HTS) which provides for binoculars, monoculars, other optical telescopes, and mountings therefor; binoculars; other. The rate of duty will be free.

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 Barbara Kiefer at 212-637-7058.

Sincerely,

Robert B. Swierupski
Director,

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