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NY L88616

December 6, 2005

CLA-2-85:RR:NC:N1:112 L88616


TARIFF NO.: 8531.80.0050

Lisa Caria
Customs Brokerage Compliance Manager,
Phoenix International Freight Services Ltd. 855 IL Route 83
Bensenville, IL 60106-1219

RE: The tariff classification of radio frequency detectors from South Korea

Dear Ms. Caria,

In your letter dated October 31, 2005, you requested a tariff classification ruling on behalf of Hobbico, Inc. of Champaign, Illinois.

The items concerned are the 72MHZ Radio Frequency Checker (HCAP0340) and the 75MHZ Radio Frequency Checker (DTXP3110). They are battery-powered, rectangular items of hard plastic measuring approximately 3 ¼” in width X 2 ¼” in height. A small, plastic-covered screen is imbedded in the front of the items with fifty circles cut-out of the screen of the 72MHZ Checker and thirty circles cut-out of the screen of the 75 MHZ Checker; below the circles on the 72MHZ Checker are written the numbers 11 through 50 and below the circles on the 75MHZ Checker are written the numbers 61 through 90.

The purpose of the items are to detect, within the immediate atmosphere, any active transmissions on radio frequencies within the bands of 72MHZ and 75MHZ. When a transmission is found, an LED will light up on the Checker screen above the band number within the frequency which is being utilized for the transmission.

In your letter, you proposed classification of this item in the Harmonized Tariff Schedule of the United States (HTS) in subheading 8526.91.0020 which provides for “ ... radio navigational aid apparatus ... : Other: Radio navigational aid apparatus: Reception only apparatus”.

“Navigation” is defined by the McGraw-Hill Encyclopedia of Science & Technology as “The process of directing movement ... from one place to another”. The Frequency Checkers do not aid in directing movement, they detect radio frequencies which could interfere with radio-controlled movement, itself.

Classification of goods in the Harmonized Tariff Schedule of the United States (HTS) is governed by the General Rules of Interpretation (GRIs). GRI 1. states, “ ... classification shall be determined according to the terms of the headings ... “.

General Note 3. (h) (vi) states, “ ... a reference to “headings” encompasses subheadings indented thereunder.”.

The applicable subheading for the 72MHZ Radio Frequency Checker (HCAP0340) and the 75MHZ Radio Frequency Checker (DTXP3110) will be 8531.80.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electrical ... visual signaling apparatus ... : Other apparatus: Other“. The rate of duty will be 1.3%.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Richard Laman at 646-733-3017.


Robert B. Swierupski

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