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NY J88802




September 19, 2003

CLA-2-85:RR:NC:1:108 J88802

CATEGORY: CLASSIFICATION

TARIFF NO.: 8526.91.0040

Ms. Jena Hooks
Uniden Financial, Inc.
4710 Amon Carter Blvd.
Ft. Worth, TX 76155

RE: The tariff classification of a Marine VHF Radio with GPS capability from China.

Dear Ms. Hooks:

In your letter dated September 10, 2003 you requested a tariff classification ruling.

The item in question is denoted as the Mystic Marine Radio. The device is a hand held battery operated two-way radio communication device that also employs full GPS navigational capability. Both professional and recreational boaters use this device. It can transmit/receive information over marine designated channels for contact with emergency personnel or the U.S. Coast Guard and can provide navigational aid to the user from a GPS satellite. It incorporates a positioning display feature.

Section XVI Note 3 provides “unless the context otherwise requires, composite machines consisting of two or more machines fitted together to form a whole and other machines designed for the purpose of performing two or more complementary or alternative functions are to be classified as if consisting only of that component or as being that machine which performs the principal function”.

It is the opinion of this office that the Mystic Marine Radio does not have a principal function. Each function is of equal importance to a boater. One function providing a two way radio communication with other boaters, emergency personnel or the U.S. Coast Guard and the other capability of providing radio navigational aid via a GPS satellite. Therefore classification will be in accordance with GRI 3c, HTSUS, which provides for classification under the heading which occurs last in numerical order among those that merit equal consideration.

The applicable subheading for the Mystic Marine Radio will be 8526.91.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for Radar apparatus, radio navigational aid apparatus and radio remote control apparatus: Other: Radio navigational aid apparatus 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 Michael Contino at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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