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NY J88074




August 21, 2003

CLA-2-85: RR: NC: 1:108 J88074

CATEGORY: CLASSIFICATION

TARIFF NO.: 8527.19.5035

Ms. Amy Schmerl
Wild Planet
98 Battery Street, Suite 300
San Francisco, CA 94111

RE: The tariff classification of a mini air radio from China.

Dear Ms. Schmerl:

In your letter dated August 8, 2003 you requested a tariff classification ruling.

The item in question is denoted as a Mini Air Radio model number 92008. It is a fully functional battery operated FM only, radio broadcast receiver housed in inflatable vinyl. It features soft touch technology for the controls. It can be clipped on one’s person for ease of use. It is packaged for retail sale with headphones for direct personal listening of radio broadcasts.

Explanatory Note X to GRI 3b provides for the purpose of this rule, the term “goods put up in sets for retail sale” shall be taken to mean goods which:

A. Consist of at least two different articles which are, prima facie, classifiable in different headings.

B. Consist of products put up together to meet a particular need or carry out a specific activity; and

C. Are put up in a manner suitable for sale to users without repackaging (e.g. in boxes or cases or on boards).

All of the aforementioned articles are prima facie classifiable in different headings. Together each enables the user to listen to radio broadcasts. Based upon examination of the sample, with its imported packaging, it is evident that the radio and headsets will not be repackaged after importation. Therefore it is the opinion of this office that the Mini Air Radio and headsets constitute a set in accordance with Explanatory Note X.

In accordance, in part, with GRI 3b goods put up in sets for retail sale, which cannot be classified by reference to GRI 3a, shall be classified as if they consisted of the material or component which gives them their essential character.

EN VIII to GRI 3b 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 the constituent material in relation to the goods.

It is the opinion of this office that the item which imparts the essential character to this particular set is that of the battery operated FM radio broadcast receiver. It is the source for listening to radio broadcasts and is the reason why one would purchase this set. Based upon its use it is the predominant item of the set.

The applicable subheading for the Mini Air 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: 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 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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