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NY I84010




July 25, 2002

CLA-2-85:RR:NC:1:108 I84010

CATEGORY: CLASSIFICATION

TARIFF NO.: 8527.29.8060

Mr. Patrick Moffett
Audiovox
150 Marcus Blvd.
Hauppauge, NY 11788

RE: The tariff classification of the XM Satellite Radio Receiver from Korea.

Dear Mr. Moffett:

In your letter dated June 27, 2002 you requested a tariff classification ruling.

The merchandise in question is the Audiovox XM Satellite Digital Audio Receiver System. It is denoted as model SRXM-001 (sample enclosed). The system is composed of a satellite radio receiver unit (RRU), a satellite system control unit (SCU), a RF modulator and the necessary cable connections.

The system is designed for installation within an automobile. It is to provide the user with XM Satellite radio broadcasts. The user can access multiple XM radio stations that can be heard anywhere the user is located at any particular time. This systems capability of channel access is not limited to one’s particular location and the individual radio stations broadcast range.

Section XVI note 4 (Functional Units) provides “Where a machine (including a combination of machines) consists of individual components (whether separate or interconnected by piping, by transmission devices, by electric cables or by other devices) intended to contribute together to a clearly defined function covered by one of the headings of chapter 84 or chapter 85, then the whole falls to be classified in the heading appropriate to that function”.

It is the opinion of this office that the compilation of devices do constitute a functional unit. They are comprised to contribute to the function of satellite radio broadcast reception.

Upon review of the provided descriptive literature and a detailed explanation of the function of the entire system that this system does constitute a radio broadcast receiver. The satellite radio receiver unit (RRU) does meet the requirements of a radio broadcast receiver as defined by Channel Master v. United States “ A radio receiver, as that term is used in the tariff schedules, is an eo nomine designation for an article which has been lexicographically and judicially defined as capable of performing three basic functions: selectivity, amplification and detection”. These functions are accomplished by the RRU that has a tuner and amplifies the signal via a transconductance amplifier.

The applicable subheading for the XM Satellite Digital Audio Receiver System model SRXM-001 will be 8527.29.8060, 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 not capable of operating without an external source of power, of a kind used in motor vehicles, including apparatus capable of receiving also radiotelephony or radiotelegraphy: Other: Other ... Other. The rate of duty will be 4.4 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 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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