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NY K83195

February 17, 2004
CLA-2-85: RR: NC: 1:108 K83195


TARIFF NO.: 8526.92.0000

Mr. Kevin Downie
91 O’Leary Drive
Bensenville, IL 60106

RE: The tariff classification of and marking of a radio remote control system from Taiwan.

Dear Mr. Downie:

In your letter dated February 12, 2004, on behalf of your client Hobbico Incorporated, you requested a tariff classification ruling.

The item in question (sample provided) is a radio remote control system denoted as the Skysport 4 channel radio remote control system.

The system is composed of a radio transmitter and battery, servos, battery charger, RF receiver, a battery for the receiver, on/off power switch, neck strap and miscellaneous hardware. The radio transmitter and batteries are made in China and the rest of the system is made in Taiwan. All components are packaged, as produced, together for retail in Taiwan. The system is designed as a radio remote control for model airplanes. It controls the takeoff, flight and subsequent landing functions of the model airplane.

Section XVI Note 4 provided “Where a machine (including a combination of machines) consists of individual components (whether separate or interconnected by piping, by transmission devices, by electronic cables or by other devices) intended to contribute together to a clearly defined function by one of the headings of chapter 84 or chapter 85, then the whole falls to be classified in the heading appropriate to that function”.

In the opinion of this office the configuration of this system conforms to Section XVI Note 4 and is a functional unit. Together all the components contribute to the function of radio remote control. Therefore classification will be in accordance with Section XVI Note 4.

The applicable subheading for the Skysport 4 channel radio remote control system will be 8526.92.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Radar apparatus, radio navigational aid apparatus and radio remote control apparatus: Other: Radio remote control apparatus. The rate of duty will be 4.9 percent ad valorem.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41 (b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

As regard to the permanency of a marking, section 134.41 (a), Customs Regulations (19 CFR 134.41 (a)), provided that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal article be die sunk, molded in, or etched. However, section 134.44, Customs regulations (19CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

The marking of the retail package, (as submitted), must indicate the country of origin for each of the components. It is the opinion of this office that a phrase such as “ 4 Channel Radio Remote Control System composed of components made in China and Taiwan”, or words of similar meaning would be sufficient.

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.


Robert B. Swierupski

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