CLA-2 CO:R:C:M 951929 DWS
Mr. Peter Jay Baskin
Sharretts, Paley, Carter & Blauvelt, P.C.
67 Broad Street
New York, NY 10004
RE: Personal Security Alarms; Burglar Alarms; Composite Goods;
GRI 3(b)
Dear Mr. Baskin:
This is in response to your letter of May 14, 1992,
concerning the classification of personal security alarms and
burglar alarms under the Harmonized Tariff Schedule of the United
States (HTSUS).
FACTS:
The merchandise consists of personal security alarms and
burglar alarms. The personal security alarm (prototype 49
series) is a kidney shaped, portable alarm which may be carried
on one's person to scare off attackers, or in a woman's purse, to
alert the owner when the purse is being stolen. The alarm
measures approximately 3 1/2 inches by 2 1/4 inches by 3/4 inch,
and operates on two "AAA" batteries. It is encased in a gray,
plastic housing. At one end of the housing is a removable
plastic key which is hooked to a looped textile cord. Pulling
the key out of its slot in the main unit sounds the alarm
continuously until the key is replaced. Located near the key is
a round push button. Pressing the button will sound the alarm
until the button is released. The button is provided as a means
to test the alarm before using it. There is also a rectangular
push button along the top of the alarm. Pressing that button
illuminates a penlight-size bulb at the front of the unit until
the button is released.
The burglar alarm (model no. 49-415) is a rectangular
shaped, portable alarm, containing a siren and a warning light
which is primarily used to detect and ward off intruders entering
one's abode. The alarm measures approximately 5 1/8 inches by 2
inches by 1 1/4 inches. It is encased in a black, plastic
housing and has a permanently attached, textile looped cord at
one end with which it may be secured around a doorknob. At the
other end of the alarm is a bulb which is covered by a an amber
colored, plastic shield. The siren is powered by one 9-volt
battery, and the bulb operates on two "AA" batteries.
On either side of the burglar alarm is a slide switch. The
red switch is a two position on-off switch for testing the device
to ensure, prior to use, that it works. The yellow switch is a
three position switch. By sliding the switch into the first
position, the user can test the bulb to make sure that it is
operable. Sliding the switch into the second position puts the
alarm in its ready mode for the detection and subsequent warning
of intruders. A red, light emitting diode (LED), located next to
the yellow switch, illuminates to confirm that the alarm has been
set in its ready mode.
To use the burglar alarm for detecting intruders entering
through a door, the alarm is hung from the inside doorknob of the
entrance to be protected. The yellow switch is then shifted to
the ready position, illuminating the LED. When the door opens, a
motion detector inside the alarm will activate the siren and the
light will flash.
ISSUE:
What is the proper classification of the subject personal
security alarms and the burglar alarms under the HTSUS?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUS is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. GRI 1 provides that classification is determined
according to the terms of the headings and any relative section
or chapter notes.
Both types of alarms contain two functions, a light function
and an alarm function. Because the alarms are composite goods,
GRI 3(b) must be consulted. GRI 3(b) states that:
[m]ixtures, composite goods consisting of different
materials or made up of different components, and goods put
up in sets for retail sale, which cannot be classified by
reference to 3(a), shall be classified as if they consisted
of the material or component which gives them their
essential character, insofar as this criterion is
applicable.
It is our position that the essential character of both
types of alarms is provided by the alarm function. The function
of the lights is a limited feature, and they only seem to add to
the effectiveness of the alarms. The articles were primarily
constructed to operate as alarms, and they are marketed to the
public for that purpose.
Both types of alarms are classifiable under subheading
8531.10.00, HTSUS, which provides for: "[e]lectric sound or
visual signalling apparatus (for example, bells, sirens,
indicator panels, burglar or fire alarms), other than those of
heading 8512 or 8530; parts thereof: [b]urglar or fire alarms and
similar apparatus."
It is our position that, based upon the actual operation of
the personal security alarm, it is a "similar apparatus" to the
subject burglar alarm.
HOLDING:
The personal security alarm and the burglar alarm are
classifiable under subheading 8531.10.00, HTSUS. The general,
column one rate of duty is 2.7 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division