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NY N010277




May 15, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8527.19.5010

Ms. Joanne Boedicker
C.H. Powell Company
4477 Woodson Road, Ste. 123
St. Louis, MO 63134

RE: The tariff classification of an emergency-response device from China.

Dear Ms. Boedicker:

In your letter dated April 17, 2007, on behalf of DPI, Inc., you requested a tariff classification ruling.

The subject merchandise, based on the submitted information and sample, is the Weather-X Home Emergency Response Device, model number RPS8807DT, which has multifunctional features. This portable device, which is indicated not to be valued over $40 each, is comprised of the following: a digital AM/FM radio with station presets and telescopic antenna; a NOAA seven-band weather radio with alert; a 200W power converter with a short-circuit detection; an air compressor with a built-in gauge and two-foot air hose; a built-in battery charger, which charges from AC or DC adapters; a triple fluorescent lantern with an emergency “on” function, which when plugged in automatically turns on during a power outage; a removable, rechargeable LED flashlight with a blinking feature; an emergency siren; a digital clock with a blue-backlight display and dual alarm; a thermometer and compass; built-in stereo speakers; a built-in storage compartment; an auxiliary-audio input; a top-carrying handle; dual 120V AC outlets; and a 12V DC output jack. This merchandise is also retail-packed, at the time of importation, with an 110V AC adapter, a 12V DC car adapter, and a user manual.

This emergency-response device is considered to be a composite article with no one component imparting the essential character of the article; therefore, in accordance with General Rule of Interpretation 3(c), classification will be in the heading (in this instance, 8527, HTS) which occurs last in numerical order among those which equally merit consideration.

The applicable subheading for this merchandise will be 8527.19.5010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Reception apparatus for 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: Other: Other: FM only or AM/FM only. The rate of duty will be 3 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Lisa Cariello at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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