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NY K88344




August 18, 2004
CLA-2-85: RR: NC: 1:108 K88344

CATEGORY: CLASSIFICATION

TARIFF NO.: 8529.10.9000

Mr. James Caffentzis
Fitch, King and Caffentzis
116 John Street
New York, NY 10038

RE: The tariff classification of satellite radio kits from China.

Dear Mr. Caffentzis:

In your letter dated August 6, 2004, on behalf of your client North American Foreign Trading Corporation, you requested a tariff classification ruling.

The items in question are denoted as satellite radio kits. Specifically they are the Home kit, the Universal kit and the Vehicle Kit.

The Home kit contains a docking cradle, a SIRIUS home antenna system with coaxial cable, a stand alone mounting bracket, AC to DC power supply, an output adapter and audio cables. The Universal kit contains the home/vehicle docking cradle, the home/vehicle universal antenna, a mounting bracket, audio cables, AC adapter and 12v vehicle power adapter. The Vehicle kit contains the mini dongle with adjustable mounting bracket, a low profile magnetic antenna system with micro coaxial cable, a cigarette lighter DC power cord and a stereo auxiliary output adapter. It should be noted that none of the kits contain a satellite radio receiver.

It is indicated that the kits will be sold at retail in their imported condition without repackaging.

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 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 the aforementioned articles are prima facie classifiable in different headings. Together each enables the user to receive satellite radiobroadcasts. Based upon the information provided it is evident to this office that the imported condition of the kits represents that sold at retail without any repackaging. Therefore it is the opinion of this office that each described kit represents 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 specific use antennas impart the essential character of each kit. Each antenna is specifically designed for use in a particular locale and each provides the means of reception for a satellite radiobroadcast signal.

The applicable subheading for the three individual satellite radio kits will be 8529.10.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for Parts suitable for use solely or principally with the apparatus of headings 8525 to 8528: Antennas and antenna reflectors of all kinds; parts suitable for use therewith: Other: Other. 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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