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NY H84874




August 16, 2001

CLA-2-85:RR:NC:1:108 H84874

CATEGORY: CLASSIFICATION

TARIFF NO.: 8527.19.5035

Ms. Maryellen Pine
Armen Cargo Services Inc.
150-36 182nd Street
Springfield Gardens, NY 11413

RE: The tariff classification of an Adjustable Lantern Radio from China.

Dear Ms. Pine:

In your letter dated August 10, 2001 you requested a tariff classification ruling.

The item in question is denoted as the Adjustable Lantern Radio (sample enclosed). It is an apparatus, which incorporates, by its construction in a single housing; a battery operated AM/FM radio, a searchlight, a movable torchlight, an antenna and earphone jack and a siren alarm. It is designed to be easily carried by the user for recreational purposes. It also has a power cord that can also be used for recharging the apparatus. This office conducted an operational demonstration, which proved that the item could fully operate on 4 “D” batteries.

EN IX, pg. 4, states in pertinent part that:

(IX) Composite goods made up of different components shall be taken to mean those in which the components are attached to each other to form a practically inseparable whole but also those with separable components

The Adjustable Lantern Radio qualifies as a composite good because the components, as listed above, 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 3(a), shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criteria 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.

After examining the item, it is the opinion of this office that the siren alarm is a secondary function of the article and does not merit equal consideration with the article’s other functions. Also it is the opinion of this office that the radio’s function of providing radio broadcasts is of no less or greater importance than the lighting features functions of providing light. Neither does the bulk, quantity, weight or value of any of the radio nor lighting components provide the essential character of this article. Because none of the article’s components constitute its essential character, GRI 3c must be applied.

GRI 3c states that 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 merit equal consideration. The heading which appears last in numerical order among those which merit equal consideration, is heading 8527, HTSUS

The applicable subheading for the Adjustable Lantern Radio will be 8527.19.5035, 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: FM only or AM/FM only. The rate of duty will be 3 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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