HQ 953013

April 15, 1993

CLA-2 CO:R:C:M 953013 LTO

CATEGORY: Classification

TARIFF NO.: 8526.92.00

District Director

U.S. Customs Service

610 South Canal Street

Suite 217

Chicago, Illinois 60607

RE: Protest No. 3901-92-101141; Transmitters for remote control

system; radio remote control apparatus; heading 8525; EN

85.25; EN 85.26

Dear District Director:

The following is our decision regarding the request for

further review of Protest No. 3901-92-101141, which concerns the

classification of transmitters for a remote control system under

the Harmonized Tariff Schedule of the United States (HTSUS). The

subject merchandise was entered on March 8, March 12 and March

13, 1992, and the entry was liquidated on July 6, 1992. The

protest was timely filed on August 18, 1992.

FACTS:

The articles in question are transmitters for a radio remote

control apparatus, which is referred to as a Remote Keyless Entry

(RKE). The protestant states that the system is essentially a

radio transmitter which, by radio signal, controls various

functions of an automobile. The emitted radio wave signals a

radio receiver, which then causes the appropriate function to

operate. The device may be programmed to operate the following:

\(1\) trunk; (2) doors; (3) security system; (4) various lamps

within the car; (5) headlamps; (6) car ignition; (7) parking

brake; and (8) other miscellaneous systems.

The protestant states that the most important aspect of the

system is that it operates on a high frequency FM radio signal

(319.0 MHz). The range of operation is generally 30 feet, - 2 -

although this can be increased as desired through modification of

the system. The system operates on one lithium coin battery.

The protestant claims that the transmitters are classifiable

under either subheading 8526.92.00, HTSUS, which provides for

radio remote control apparatus, or, alternatively, under

subheading 8529.90.45, HTSUS, which provides for other parts of

radio remote control apparatus. The articles in question were

classified upon liquidation under subheading 8525.10.80, HTSUS,

which provides for other transmission apparatus for

radiotelephony, radiotelegraphy, radiobroadcasting or television.

The subheadings under consideration are as follows:

8525.10.80 Transmission apparatus for radiotelephony,

radiotelegraphy, radiobroadcasting or

television, whether or not incorporating

reception apparatus or sound recording or

reproducing apparatus; television cameras

. . . \[t\]ransmission apparatus . . .

\[o\]ther . . . \[o\]ther (6%)

\* \* \* \* \* \* \* \* \* \* \* \* \*

8526.92.00 Radar apparatus, radio navigational aid

apparatus and radio remote control

apparatus . . . \[o\]ther . . . \[r\]adio

remote control apparatus (4.9%)

\* \* \* \* \* \* \* \* \* \* \* \* \*

8529.90.45 Parts suitable for use solely or

principally with the apparatus of

headings 8525 to 8528 . . . \[o\]f radar,

radio navigational aid or radio remote

control apparatus . . . \[o\]ther (4.9%)

ISSUE:

Whether the transmitters are classifiable as transmission

apparatus for radiotelephony, radiotelegraphy, radiobroadcasting

or television under heading 8525, HTSUS, or as radio remote

control apparatus under heading 8526, HTSUS.

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI\'s) to the HTSUS

govern the classification of goods in the tariff schedule. GRI 1

states in pertinent part that \"for legal purposes, classification

\- 3 -

shall be determined according to the terms of the headings and

any relative section or chapter notes . . . .\"

The Harmonized Commodity Description and Coding System

Explanatory Notes (EN) to heading 8525, HTSUS, pg. 1374, states

that the transmission apparatus for radiotelephony or

radiotelegraphy \"is used for the transmission of signals

(representing speech, messages or still pictures) by means of

electro-magnetic waves which are transmitted through the ether

without any line connection \[emphasis added\].\" The radio signals

transmitted by the transmitters in question do not represent

speech, messages or still pictures. Moreover, the transmitters

are not transmission apparatus for television or

radiobroadcasting. Thus, the transmitters are not covered by

heading 8525, HTSUS.

EN 85.26, pg. 1376, states that heading 8526, HTSUS, covers

radio apparatus for the remote control of machines. The

transmitters in question transmit a radio signal which controls

various functions in an automobile, such as, the trunk and doors.

Therefore, it is our opinion that the transmitters, when imported

by themselves (without receivers), are covered by heading 8526,

HTSUS, specifically under subheading 8526.92.00, HTSUS.

HOLDING:

The transmitters are classifiable as other radio remote

control apparatus under subheading 8526.92.00, HTSUS.

Accordingly, the protest should be granted. A copy of this

decision should be attached to the Customs Form 19 and provided

to the protestant as part of the notice of action on the protest.

Sincerely,

John Durant, Director