HQ 952797

January 25, 1993

CLA-2 CO:R:C:M 952797 RFA

CATEGORY: Classification

TARIFF NO.: 8527.19.00

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