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NY I86083





September 12, 2002

CLA-2-85:RR:NC:1:108 I86083

CATEGORY: CLASSIFICATION

TARIFF NO.: 8527.31.0500

Ms. Carol Ritchings
Conair
150 Milford Road
East Windsor, NJ 08520

RE: The tariff classification of a clock radio/telephone from China.

Dear Ms. Ritchings:

In your letter dated September 4, 2002 you requested a tariff classification ruling.

The item in question is denoted as an AM/FM Clock Radio Telephone with a CD player, model CID500. It is a single housed unit that can only operate with an external source of power. The clock radio/CD player and the incorporated telephonic unit must each be connected to an appropriate external source of power. The clock radio/CD player to a110 volt electrical power source and the telephonic unit to an appropriate telephone network line. The item is designed, as a multi-functional device, to provide to the user, radio broadcasts, and pre-recorded audio via the CD player and line telephony.

GRI 2b states that if a product is a mixture or combination of materials or substance that are, prima facie, classifiable in two or more headings, then GRI 3 applies. It should be noted that this office considers the AM/FM Clock Radio Telephone with CD Player, all in a single housing, to be a composite good. This is based upon its ability to function as either a clock radio, a CD player or as a line telephone.

GRI 3b provides that mixtures, 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.

It is the opinion of this office that this device, model CID500, does not have an essential character. It is designed to perform equally viable multiple functions to the user, that of a fully functional clock radio/CD player and a telephone. Therefore classification will be in accordance with GRI 3c, Harmonized Tariff Schedule of the United States (HTS), which requires, in part, that the item be classified in the heading which occurs last in numerical order among those which merit equal consideration.

The applicable subheading for the AM/FM Clock Radio Telephone with CD player model CID500 will be 8527.31.0500, Harmonized Tariff Schedule of the United States (HTS), which provides for Reception apparatus for radiotelephony, radiotelegraphy or radiobroadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock: Other radiobroadcast receivers, including apparatus capable of receiving also radiotelephony or radiotelegraphy: Combined with sound recording or reproducing apparatus: Articles designed for connection to telegraphic or telephonic apparatus or to telegraphic or telephonic networks. The rate of duty will be 4.9 percent ad valorem.

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 Michael Contino at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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