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NY M87751





November 7, 2006

CLA-2-85:RR:NC:108:M87751

CATEGORY: CLASSIFICATION

TARIFF NO.: 8527.19.50

Ms. Francine Ramsey
Hampton Direct
350 Pioneer Drive
P.O. Box 1199
Williston, VT 05495

RE: The tariff classification of Rechargeable Solar & Crank Radio w/LED lantern from China

Dear Ms. Francine Ramsey:

In your letter dated October 30, 2006 you requested a tariff classification ruling.

The submitted sample is a rechargeable battery operated radio-lantern combination. The item consist of an AM/FM weather band radio receiver, a lantern, one-high luminous LED light, a hand crank for generating electricity, a solar panel charge, and a built in rechargeable battery. This item requires two “AA” batteries that are not included with the sale of the product.

Legal Note 3 to Section XVI states, "Unless the context otherwise requires, composite machines consisting of two or more machines fitted together to form a whole and other machines designed for the purpose of performing two or more complementary or alternative functions are to be classified as if consisting only of that component or as being that machine which performs the principal function."     

      Based on the above legal note, this office considers the subject merchandise to be a composite machine for tariff classification purposes. Upon review, it is the opinion of this office, that neither the radio nor the lantern performs a principal function. Thus, classification will be in accordance with GRI 3(c), which requires classification in the heading that occurs last in numerical order among those that equally merit consideration.

      The applicable subheading for the radio-lantern will be 8527.19.50, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Reception apparatus for radiotelephony, radiotelegraphy or radio broadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock: Radiobroadcast receivers capable of operating without an external source of power, including apparatus capable of receiving also radiotelephony or radiotelegraphy: Other: Other The rate of duty will be 3 percent ad valorem.

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).

Pursuant to title 19 United States Code, Section 3005 The Harmonized Tariff Schedule of the United States is expected to be amended effective 1/1/07. The amendments are expected to affect the classification of your merchandise. Pursuant to Section 3005 c, the report recommending those changes has been sent to the President for proclamation of the changes. Upon the expiration of sixty legislative days, in the absence of Congressional action, the recommended changes will become law. Accordingly based on that recommendation, it is anticipated that your merchandise will be classified in 8527.19.50 under the 2007 Harmonized Tariff Schedule. Under the circumstances, this classification under the 2007 tariff is advisory only.

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 Mike Contino at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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