CLA-2-84:RR:NC:1:110 J87780
Mr. Wheijen Lee
Clear Freight, Inc.
880 Apollo St., Suite 101
El Segundo, CA 90245
RE: The tariff classification of a remote communicator and electronic organizer from China.
Dear Mr. Lee:
In your letter dated August 1, 2003 on behalf of your client ABC International Traders, Inc. you requested a tariff classification ruling.
The merchandise under consideration is the “Bratz Xpress Chat” (Item #260875) and the “Bratz On The Go Organizer” (Item #261308). Samples of both products were submitted with your ruling request and will be returned to you. The “Bratz Xpress Chat” is a battery operated hand-held remote communicator/electronic organizer made of plastic. The “Bratz Xpress Chat” allows the user to communicate with others by means of sending electronic text messages from up to 100 feet away by means of a 315MHz (MegaHertZ) communication frequency. This item also has a number of other functions including a full-function calculator, clock with alarm, calendar, and memory for storing names, phone numbers and personal messages or notes. The “Bratz Xpress Chat” measures approximately 3 inches wide by 5 inches tall and is ¾ inches thick and comes with 64k ROM (Read Only Memory) and 2k RAM (Random Access Memory). There is an on/off button and a single 4-way control button on the face of this unit with a LCD (Liquid Crystal Display) display measuring approximately 2 inches wide by 1¼ inches high. There is a full function touch screen keyboard on the front of the “Bratz Xpress Chat” and a plastic stylus is included for that function.
The “Bratz On The Go Organizer” is a battery operated hand-held device made of plastic that features eleven built-in functions. This item displays a dual time clock, daily alarm, world time, telephone directory, count down timer, stopwatch, pedometer, security password, currency converter, fortuneteller and games. This organizer measures approximately 3½ inches wide by 2 inches high and is ¾ inches thick. There are six control buttons on the face of this device and a 12-character LCD display measuring approximately 1½ inches wide by ½ inch high. A belt clip and neck strap for easy carrying is also supplied with this item. This organizer also contains Digitized Sound effects. Therefore, it has audio output in addition to a display.
Merchandise is classifiable under the Harmonized Tariff Schedule of the United States (HTS) in accordance with the General Rules of Interpretation (GRIs). GRI 1 states in part that for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes, and provided the headings or notes do not require otherwise, according to GRIs 2 through 6.
Noting Section XVI, Note 3, the “Bratz Xpress Chat” appears to be a multifunction machine classifiable under two heading of the HTS. This item appears to meet the section and chapter notes for heading 8470 which covers calculating machines and pocket-size data recording, reproducing and displaying machines with calculating functions. The “Bratz Xpress Chat” also appears to meet heading 8525 for transmission apparatus incorporating reception apparatus used in the transmission of signals (messages) by means of electro-magnetic waves.
After careful consideration of all the available information, included with your ruling request, we find that we are unable to determine a principal function for the “Bratz Xpress Chat.” As a result, we are of the view that the “Bratz Xpress Chat” cannot be classified based upon GRI 1. GRI 2 is not applicable here. GRI 3 provides as follows:
When, by application of rule 2(b) or for any other reason, goods are, prima facie, classifiable under two or more headings, classification shall be effected as follows:
(a) The heading which provides the most specific description shall be preferred to headings providing a more general description. However, when two or more headings each refer to part only of the materials or substances contained in mixed or composite goods or to part only of the items in a set put up for retail sale, those headings are to be regarded as equally specific in relation to those goods, even if one of them gives a more complete or precise description of the goods.
(b) Mixtures, 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.
(c) 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.
GRI 3(a) is not applicable because heading 8470 and heading 8525 appears to be equally specific. GRI 3(b) is also inapplicable because we are unable to determine essential character for this device. Based upon GRI 3(c), the “Bratz Xpress Chat” is classified in the heading which occurs last in numerical order.
The applicable subheading for the “Bratz On The Go Organizer” (Item #261308) will be 8470.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for “Calculating machines and pocket-size data recording, reproducing and displaying machines with calculating functions…Electronic calculators capable of operation without an external source of electric power and pocket-size data recording, reproducing and displaying machines with calculating functions: Other.” The general rate of duty will be free.
The applicable subheading for the “Bratz Xpress Chat” (Item #260875) will be 8525.20.3015, Harmonized Tariff Schedule of the United States (HTS), which provides for “Transmission apparatus for radiotelephony, radiotelegraphy, radiobroadcasting or television, whether or not incorporation reception apparatus or sound recording or reproducing apparatus…Transmission apparatus incorporating reception apparatus: Transceivers: Other: Hand-held: For frequencies exceeding 30 MHz but not exceeding 400 MHz 1/.” The general rate of duty will be free.
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 Eileen S. Kaplan at 646-733-3016.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division