CLA-2 CO:R:C:M 952669 RFA
W.J. Gonzalez
Trans-Union Customs Service
11941 S. Prairie Ave.
Hawthorne, CA 90250
RE: AM/FM Radio/Flashlight; Siren; GRI 3(c); 8513.10.20;
8527.19.00; HQ 087161; HQ 952494
Dear W.J. Gonzalez:
In a letter dated August 17, 1992, to our New York office on
behalf of Consolidated Marketing International, you inquired as
to the tariff classification under the Harmonized Tariff Schedule
of the United States (HTSUS), of an AM/FM radio-flashlight with
an electronic siren manufactured in China. Your letter and
sample were referred to this office for a direct response.
FACTS:
The sample submitted is a small portable battery operated
combination AM/FM radio/flashlight in a long tubular plastic
housing. It measures approximately 5 1/2 inches in length and
has an attached textile wrist strap. The combination article
contains an AM/FM radio, frequency tuner, a speaker and sound
amplifier, a clear lens, a filament bulb with a reflector and
socket, as well as a siren feature. The sample is powered by two
penlight batteries.
ISSUE:
What is the proper classification of the combination AM/FM
radio/flashlight with a siren feature 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 shall be
determined according to the terms of the headings and any
relative section or chapter notes, taken in order.
As stated above, the merchandise is a combination radio and
flashlight with a siren function. After examining the
merchandise, we are of the opinion that the siren is a secondary
function of the device and does not warrant equal consideration
in comparison to the flashlight and the radio in determining its
essential character. Therefore, the merchandise is prima facie
classifiable under two headings. It is classifiable in
subheading 8513.10.20, HTSUS, which provides for flashlights, as
well as in subheading 8527.19.00, HTSUS, which provides for
radios.
Because classification in a single heading cannot be
determined by applying GRI 1, we must apply the other GRI's. GRI
2(b) states that if a product is a mixture or combination of
materials or substances that are, prima facie, classifiable in
two or more headings, then GRI 3 applies. GRI 3(b) provides that
composite goods consisting of different materials or made up of
different components, shall be classified as if they consisted of
the material or component which gives them their essential
character.
The article is essentially a composite good made up of a
flashlight and an AM/FM radio. Therefore, the component that
imparts the essential character to this article determines its
classification.
The Harmonized Commodity Description and Coding System
Explanatory Notes (EN) constitute the Customs Cooperation
Council's official interpretation of the HTSUS. While not
legally binding, the ENs provide a commentary on the scope of
each heading of the HTSUS and are generally indicative of the
proper interpretation of these headings. EN VIII to GRI 3(b),
page 4, states that the factors will vary as between different
kinds of goods to determine the essential character of an
article. 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 a constituent material in relation to the use of the
goods.
In HQ 087161 (August 2, 1990), we classified an AM/FM radio
attached to a baseball-style cap according to the rule in GRI
3(c). In that ruling we held that
both the radio and the cap play an equal role in
relation to the use of the merchandise. The radio cap
would not be purchased for just one of its components.
If a purchaser wanted a baseball-style cap, there would
be no need for the radio component. Similarly, if a
purchaser wanted a portable radio, an article similar
to a Walkman-type radio could be purchased, and there
would be no need for a cap component.
We followed HQ 087161 and applied GRI 3(c) to a combination
radio-flashlight in HQ 952494 (October 8, 1992). In HQ 952494,
we held that
both the flashlight and the radio play an equal role in
relation to the use of the merchandise. The torch
radio would not be purchased for just one of its
components. As you stated in your letter, if a person
wanted hand carry illumination, they would purchase a
flashlight since it would be cheaper. You also stated
that Enterprex sells a sports radio without the
flashlight. If a person wanted a radio they would buy
a radio like Enterprex Sports Radio, model no. GL909.
The item here, the Sports AM/FM Torch Radio, offers a
person an article that serves the purposes of both a
flashlight and that of a radio.
The subject merchandise is substantially like the AM/FM
Torch Radio in HQ 952494. As in HQ 952494 and HQ 087161, neither
of the components here (the radio and the flashlight), by itself,
imparts the essential character to this merchandise. Therefore,
GRI 3(c) is applicable. GRI 3(c) states the following:
When goods cannot be classified by reference to
3(a) or 3(b), they shall be classified under the
heading which occurs last in numerical order among
those which equally merit consideration.
The heading that occurs last in numerical order is Heading
8527, HTSUS. Therefore, the submitted merchandise is classified
in this heading.
HOLDING:
The submitted merchandise is classifiable under subheading
8527.19.00, HTSUS, which provides for reception apparatus for
radio-telephony, radio-telegraphy or radio-broadcasting, whether
or not combined, in the same housing, with sound recording or
reproducing apparatus or a clock,. . .[o]ther. The column 1,
general rate of duty is 6 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division