CLA-2 RR:TC:MM 958318 RFA
Mr. Joseph Paul Forget
Recoton Corporation
2950 Lake Emma Road
Lake Mary, Florida 32746
RE: Cable Control and Coupler Device; Static Converter; Transmission Apparatus; Headings 8504 and 8525; EN 85.25; HQs 088255, 955309; NY 812841, affirmed
Dear Mr. Forget:
In a letter dated August 10, 1995, you requested reconsideration of NY 812841, issued by the Area Director of Customs, New York Seaport, on August 3, 1995, concerning the tariff classification of a part of an antenna system under the Harmonized Tariff Schedule of the United States (HTSUS).
FACTS:
The merchandise, labeled as a power supply, part number V309BDCW, is a component which will be installed in a motor home along with the TV1000 "BullsEye" antenna. The face-plate of the merchandise, which is designed to be mounted on a wall, and connected to both the antenna wire and a cable wire, allows the user to select, by sliding a switch, whether a connected television will receive a signal from the antenna or the cable. You indicate that the article provides more power to the "BullsEye" antenna via the center conductor in the coaxial cable by converting 12 volts Direct Current (DC) to voltages between 12 and 5 volts DC via the sensitivity control knob on the front of the face-plate.
ISSUE:
Is the subject merchandise classifiable as a cable control and coupler device, or as DC to DC converter, or as parts of antennas under the HTSUS?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRI's). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.
In NY 812841, dated August 3, 1995, the Area Director of Customs, New York Seaport, determined that the subject merchandise was a cable control and coupler device which is used to connect a television with an antenna or cable system and classified it under subheading 8525.10.20, HTSUS which provides for: "[t]ransmission apparatus for radiotelephony, radiotelegraphy, radiobroadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras: [t]ransmission apparatus: [t]elevision. . . . "
You indicate that the article is a power supply for amplification of a weak signal and less power for a stronger signal because it acts as DC to DC converter for the antenna input signal by using the sensitivity control. You believe that it is classifiable under subheading 8504.40.80, HTSUS, which provides for: "[e]lectrical transformers, static converters (for example, rectifiers) and inductors. . : [s]tatic converters: [o]ther. . ."
The subject merchandise allows the user to select a video signal from either the antenna or cable to be viewed on a television. When the antenna signal is selected, the user can adjust the reception of the picture by using the sensitivity control knob to amplify a weak signal or de-amplify for a stronger signal. The merchandise relays the signals from either the antenna or cable to the television. In HQ 088255, dated December 17, 1990, Customs determined that an integrated receiver/decoder (IRD), was in the transmission path of a NTSC (standard television broadcast signal) signal, but was not at the end of the transmission path where final reception and viewing takes place. Its function was to receive and decode a scrambled signal that was subsequently transmitted or relayed, in the form of a NTSC signal, to be received and displayed at the end of the transmission path. See also HQ 955309 (December 21, 1993).
The Harmonized Commodity Description and Coding System Explanatory Notes (EN) constitute the official interpretation of the HTSUS. While not legally binding or dispositive, 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. See T.D. 89-80, 54 FR 35127, 35128 (August 23, 1989). To be classified as transmission apparatus, as provided for in heading 8525, EN 85.25, page 1374, states that:
This group includes:
(1) Transmitters of all kinds.
(2) Relay apparatus used to pick up a broadcast and retransmit it and so increase the range.
(3) Relay television transmitters for transmission, by means of an aerial and parabolic reflector, from the studio or site of an outside broadcast to the main transmitter.
(4) Television transmitters for industrial use (e.g., for reading instruments at a distance...)
While the subject merchandise may contain a DC to DC converter, the primary function of the subject merchandise is to receive signals from an antenna and cable, allow the end-user to choose which signal, and then relay the signal to the "television receiver" for final reception and display. Almost all transmitters and relay apparatus must, by their very nature, contain a receiver, since they must receive a signal before they can transmit or relay it. Heading 8525, HTSUS, envisioned this and provides for: "transmission apparatus for . . . television, whether or not incorporating reception apparatus." Therefore, we find that the subject merchandise is transmission apparatus of heading 8525, HTSUS.
HOLDING:
The subject merchandise (a transmission control device), part number V309BDCW, is classifiable under subheading 8525.10.20, HTSUS, which provides for: "[t]ransmission apparatus for radiotelephony, radiotelegraphy, radiobroadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras: [t]ransmission apparatus: [t]elevision. . . . " The general, column one rate of duty is 3.3 percent ad valorem.
EFFECT ON OTHER RULINGS:
NY 812841, dated August 3, 1995, is affirmed.
Sincerely,
John Durant, Director
Tariff Classification Appeals Division