CLA-2 CO:R:C:M 953013 LTO
U.S. Customs Service
610 South Canal Street
Chicago, Illinois 60607
RE: Protest No. 3901-92-101141; Transmitters for remote control
system; radio remote control apparatus; heading 8525; EN
85.25; EN 85.26
Dear District Director:
The following is our decision regarding the request for
further review of Protest No. 3901-92-101141, which concerns the
classification of transmitters for a remote control system under
the Harmonized Tariff Schedule of the United States (HTSUS). The
subject merchandise was entered on March 8, March 12 and March
13, 1992, and the entry was liquidated on July 6, 1992. The
protest was timely filed on August 18, 1992.
The articles in question are transmitters for a radio remote
control apparatus, which is referred to as a Remote Keyless Entry
(RKE). The protestant states that the system is essentially a
radio transmitter which, by radio signal, controls various
functions of an automobile. The emitted radio wave signals a
radio receiver, which then causes the appropriate function to
operate. The device may be programmed to operate the following:
(1) trunk; (2) doors; (3) security system; (4) various lamps
within the car; (5) headlamps; (6) car ignition; (7) parking
brake; and (8) other miscellaneous systems.
The protestant states that the most important aspect of the
system is that it operates on a high frequency FM radio signal
(319.0 MHz). The range of operation is generally 30 feet, - 2 -
although this can be increased as desired through modification of
the system. The system operates on one lithium coin battery.
The protestant claims that the transmitters are classifiable
under either subheading 8526.92.00, HTSUS, which provides for
radio remote control apparatus, or, alternatively, under
subheading 8529.90.45, HTSUS, which provides for other parts of
radio remote control apparatus. The articles in question were
classified upon liquidation under subheading 8525.10.80, HTSUS,
which provides for other transmission apparatus for
radiotelephony, radiotelegraphy, radiobroadcasting or television.
The subheadings under consideration are as follows:
8525.10.80 Transmission apparatus for radiotelephony,
radiotelegraphy, radiobroadcasting or
television, whether or not incorporating
reception apparatus or sound recording or
reproducing apparatus; television cameras
. . . [t]ransmission apparatus . . .
[o]ther . . . [o]ther (6%)
* * * * * * * * * * * * *
8526.92.00 Radar apparatus, radio navigational aid
apparatus and radio remote control
apparatus . . . [o]ther . . . [r]adio
remote control apparatus (4.9%)
* * * * * * * * * * * * *
8529.90.45 Parts suitable for use solely or
principally with the apparatus of
headings 8525 to 8528 . . . [o]f radar,
radio navigational aid or radio remote
control apparatus . . . [o]ther (4.9%)
Whether the transmitters are classifiable as transmission
apparatus for radiotelephony, radiotelegraphy, radiobroadcasting
or television under heading 8525, HTSUS, or as radio remote
control apparatus under heading 8526, HTSUS.
LAW AND ANALYSIS:
The General Rules of Interpretation (GRI's) to the HTSUS
govern the classification of goods in the tariff schedule. GRI 1
states in pertinent part that "for legal purposes, classification
- 3 -
shall be determined according to the terms of the headings and
any relative section or chapter notes . . . ."
The Harmonized Commodity Description and Coding System
Explanatory Notes (EN) to heading 8525, HTSUS, pg. 1374, states
that the transmission apparatus for radiotelephony or
radiotelegraphy "is used for the transmission of signals
(representing speech, messages or still pictures) by means of
electro-magnetic waves which are transmitted through the ether
without any line connection [emphasis added]." The radio signals
transmitted by the transmitters in question do not represent
speech, messages or still pictures. Moreover, the transmitters
are not transmission apparatus for television or
radiobroadcasting. Thus, the transmitters are not covered by
heading 8525, HTSUS.
EN 85.26, pg. 1376, states that heading 8526, HTSUS, covers
radio apparatus for the remote control of machines. The
transmitters in question transmit a radio signal which controls
various functions in an automobile, such as, the trunk and doors.
Therefore, it is our opinion that the transmitters, when imported
by themselves (without receivers), are covered by heading 8526,
HTSUS, specifically under subheading 8526.92.00, HTSUS.
The transmitters are classifiable as other radio remote
control apparatus under subheading 8526.92.00, HTSUS.
Accordingly, the protest should be granted. A copy of this
decision should be attached to the Customs Form 19 and provided
to the protestant as part of the notice of action on the protest.
John Durant, Director