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HQ 953013

April 15, 1993

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


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.


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 . . .

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%)


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.


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
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.


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.


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