CLA-2 CO:R:C:M 089809 MBR

Mr. Ralph A. Mantynband
Arvey, Hodes, Costello & Burman
180 North Lasalle Street, RM 3800
Chicago, Illinois 60601-2804

RE: Revocation of HQ 089286; Nichimen America Inc.; Sanshin FM Data Communications Satellite Tuner

Dear Mr. Mantynband:

This is in reply to Mr. Leon Pauksta's letter of June 26, 1991, and your correspondence on behalf of Nichimen America Inc., requesting reconsideration of HQ 089286, dated May 10, 1991, regarding the classification of FM data communications satellite tuners, under the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The importer states that the instant FM data communications satellite tuners are "manufactured for the intended use strictly for satellite reception of electronic data communications and are so used after importation." Further, the importer states that antenna input for television tuners is 54-806 MHz, whereas, the input (receiving frequency) for Sanshin tuners is 950-1450 or 950- 1750 MHz. Therefore, the "Sanshin tuners cannot be used in televisions." These tuners are marketed to manufacturers who subsequently assemble them into receivers.

ISSUE:

What is the classification of the instant Sanshin FM data communications satellite tuners, under the Harmonized Tariff Schedule of the United States (HTSUS)?

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI's) to the HTSUSA govern the classification of goods in the tariff schedule. GRI 1 states, in pertinent part: -2-

...classification shall be determined according to the terms of the headings and any relative section or chapter notes...

The importer has submitted new information that the instant tuners are not, in fact, satellite television receivers or video tuners. The importer states that the instant Sanshin tuners are exclusively used for satellite FM data communications.

HQ 089286, dated May 10, 1991, held that "a tuner for a satellite television receiver" was classifiable in subheading 8529.90.10, HTSUS, as a tuner for television apparatus. This remains Customs position regarding the classification of tuners for televisions.

However, relying on the statements of the importer, their technical staff, and their consumers, the instant merchandise is not a tuner for a satellite television receiver. It is, however, a part for reception apparatus for FM data communications (radio- telegraphy).

Therefore, the instant FM data communications tuners are parts suitable for use solely or principally with the apparatus of heading 8527, HTSUS, and are classifiable in subheading 8529.90.50, HTSUS. See the Harmonized Commodity Description and Coding System Explanatory Notes (ENs), page 1377, regarding reception apparatus for radio-telegraphy and radio-broadcasting.

HOLDING:

The Sanshin FM data communications tuners are classifiable under subheading 8529.90.50, HTSUS, which provides for: "[p]arts suitable for use solely or principally with the apparatus of headings 8525 to 8528: [o]ther: [o]ther." The rate of duty is 5.9% ad valorem.

EFFECT ON OTHER RULINGS:

HQ 089286, dated May 10, 1991, is revoked for the reasons stated above, under authority of Section 177.9(d), Customs Regulations. For the purposes of future transactions, HQ 089286 will not be valid precedent. We recognize that pending transactions may be adversely affected by this revocation. If such a situation arises, you may apply for relief from the binding effects of this decision as may be warranted by the circumstances.

Sincerely,

John Durant, Director
Commercial Rulings Division