CLA-2 CO:R:C:M 952797 RFA
District Director of Customs
909 First Avenue
Rm 2039
Seattle, WA 98174
RE: Protest No. 3001-92-100658; AM/FM Radio/Flashlight;
Clock; Siren; GRI 3(c); 8513.10.20; 8527.19.00; HQ
087161; HQ 952494; HQ 952669; HQ 089877; HQ 087161; NY
851307; NY 833371; NY 854079; NY 854363
Dear District Director:
The following is our decision regarding the Protest and
Request for Further Review No. 3001-92-100658, dated August 10,
1992. The protest was filed against your liquidation of the
entry of certain merchandise which was classified in subheading
8513.10.20, Harmonized Tariff Schedule of the United States
(HTSUS).
FACTS:
The merchandise, Roadmaster Model No. FL-09-WAL, is a small
portable battery operated combination AM/FM radio clock/
flashlight with a siren. According to the literature which was
provided, the merchandise is in a long tubular plastic housing
which measures approximately 2 7/8 inches in length by 10 1/2
inches in height and has a diameter of 2 1/16 inches. 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
merchandise also contains a liquid crystal display (LCD) clock
which displays month, date, and time.
ISSUE:
What is the proper classification of the combination AM/FM
radio clock/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.
As stated above, the merchandise is a combination radio
clock 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 clock in
determining its essential character. Therefore, the merchandise
is prima facie classifiable under two headings. It is
classifiable in Heading 8513, HTSUS, which provides for
flashlights, as well as in Heading 8527, 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 clock. 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) and in HQ 952669
(November 30, 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 similar to the
radio/flashlights in HQ 952494 and in HQ 952669. As in HQ 952494
and HQ 952669, neither of the components here (the radio clock
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.
Based upon HQ 952494 and HQ 952669, we find that GRI 3(c)
applies. The Roadmaster Model No. FL-09-WAL 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:
[r]adiobroadcast receivers capable of operating without an
external source of power, including apparatus capable of
receiving also radiotelephony or radio telegraphy:. . .[o]ther.
You cited HQ 089877 (December 16, 1991) as precedent for
determining the classification of the subject merchandise. In HQ
089877, we held that the essential character of "The Survivor",
which consisted of an AM/FM radio with a flashlight, a siren and
a fluorescent lamp, was the combination of the two lighting
features. Classification of combination articles such as the
ones under consideration must be done on a case-by-case basis.
In HQ 089877 it was determined that the lighting feature imparted
the essential character to the article. There was no intent by
us to overrule NY 851307, NY 833371, NY 854079, and NY 854363, or
to establish a guideline that lighting always was the essential
feature. This is evidenced by our subsequent rulings in HQ
952494 and HQ 952669.
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: [r]adiobroadcast receivers
capable of operating without an external source of power,
including apparatus capable of receiving also radiotelephony or
radio telegraphy:. . .[o]ther. The column 1, general rate of
duty is 6 percent ad valorem.
The protest should be granted in full. A copy of this
decision should be attached to the Form 19 and provided to the
protestant as part of the notice of action on the protest.
Sincerely,
John Durant, Director
Commercial Rulings Division