CLA-2 CO:R:C:G 087108 MBR

TARIFF NO: 8529.90.35

Chief, National Import Specialist Branch 1
U.S. Customs Service
Suite 716
6 World Trade Center
New York, New York 10048-0945

RE: Reconsideration of HQ 085355, dated January 4, 1990, regarding infrared remote control apparatus for television, VCR, and audio components

Dear Mr. Slomovitz:

This is our response to your memorandum of August 14, 1989, requesting reconsideration of HQ 085355, dated January 4, 1990, regarding the tariff classification of infrared remote control apparatus for television, VCR, and audio components, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The articles in question are infrared remote control apparatus. One type is used only with a television (T.V.), another type is used with both a T.V. and video cassette recorder (VCR), and the last device is used with a T.V., VCR and audio components (i.e., AM/FM radio, phonograph, tape player, compact disk player, etc.).

ISSUE:

Whether the articles in question are properly classifiable within subheading 8529.90.35, HTSUSA, which provides for "[p]arts suitable for use solely or principally with the apparatus of headings 8525 to 8528: [o]ther: [o]f television apparatus: [o]ther."; or within subheading 8537.10.00, HTSUSA, which provides for "[b]oards, panels . . . consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity . . . [f]or a voltage not exceeding 1,000 V."

LAW AND ANALYSIS

Classification of merchandise under the HTSUSA is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that classification is determined first in accordance with the terms of the headings of the tariff and any relative section or chapter notes.

You argue that infrared remote control devices for televisions, VCR, etc., are properly classifiable under heading 8537, HTSUSA, which provides for: "[b]oards, panels (including numerical control panels), consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity..."

The Harmonized Commodity Description and Coding System Explanatory Note (EN) to heading 85.37 states that "[t]hese consist of an assembly of apparatus of the kind referred to in the two preceding headings (e.g., switches and fuses) on a board, panel, console, etc., or mounted in a cabinet, desk, etc. They usually also incorporate meters, and sometimes also subsidiary apparatus such as transformers, valves, voltage regulators, rheostats or luminous circuit diagrams." In addition, EN 85.17 states "[t]he goods of this heading vary from small switchboards with only a few switches, fuses, etc. (e.g., for lighting installations) to complex control panels for machine tools, rolling mills, power stations, radio stations, etc., including assemblies of several of the articles cited in the text of this heading."

The instant infrared remote control devices are not on a board, panel, or console, nor are they mounted in a cabinet or desk nor do they incorporate meters, transformers, valves, voltage regulators, rheostats or luminous circuit diagrams nor should they be considered "switchboards." Therefore, the instant merchandise is not classifiable under heading 8537, HTSUSA.

Furthermore, it is worthy of note that a provision for "other electrical apparatus for making or breaking electrical circuits" has been held not a specific provision for jacks, which were held classifiable as parts of radio reception apparatus. See United States v. General Electric Co., 58 CCPA 152, C.A.D. 1021, 441 F.2d 1186 (1971).

HQ 067433 ruled that T.V. remote control apparatus were classifiable under the TSUS item for T.V. apparatus. We agree with your assertion that the HTSUSA does not contain a similar provision for T.V. apparatus. However, as we stated in HQ 085355, heading 8529 provides for parts suitable for use solely or principally with the apparatus of heading 8528 (i.e. T.V. receivers). There can be no question that a television remote control device is used solely or principally with the apparatus of heading 8528.

Additionally, you argue that a remote control T.V. may be used without the remote control device, therefore, the remote control device cannot be considered a "part." However, this fact alone does not exclude classification of a remote control device under the provision for parts suitable for use solely or principally with the apparatus of heading 8528 (i.e. television receivers). The Court of Customs and Patent Appeals has held that an auxiliary device can be considered a part of the article for which it was designed and intended for use, even if the article could be used with or without the auxiliary device. See Trans Atlantic Company v. United States, 48 CCPA 30, C.A.D. 758 (1960).

Heading 8528, HTSUSA, provides for "[t]elevision receivers . . . whether or not combined, in the same housing, with radio- broadcasting receivers or sound or video recording or reproducing apparatus." The second remote control apparatus (combined remote) at issue is used with both a remote control television receiver and video recording and reproducing apparatus. Once again, each of these items can also be used without this remote. However, this fact does not mean that this type of remote cannot classified as a part, based on Trans Atlantic.

The combined remote is used solely with a remote control T.V. receiver and VCR. The VCR functions in conjunction with the T.V. receiver, and without the receiver the VCR would not be able to reproduce or record video images. Therefore, based on Trans Atlantic, it is our opinion that the combined T.V./VCR remote control device is classifiable as a part within the meaning of heading 8529.

The final remote control device (unified remote) is designed to control a T.V. receiver, VCR and audio components. As stated previously, heading 8528 basically provides for T.V. receivers which can also be combined with radio receivers, VCRs and audio components. Classification of the unified remote within the heading for parts of T.V. receivers combined with other articles is supported by the fact that unified remotes are marketed and sold with T.V. receivers. Additionally, they are not sold separately or with VCRs or audio equipment. Therefore, a unified remote is classifiable as a part of a remote control T.V. receiver combined with these other items.

It is important to note that in Ideal Toy Corporation v. United States, 58 CCPA 9, C.A.D. 996, 443 F.2d 801 (1970), the court stated:

The nature, function, and purpose of an item in relation to the article to which it is attached or designed to serve determines whether the item constitutes a part of the article...(p.13)(emphasis added)

Therefore, in every case, where the issue arises as to whether or not an article can be considered a "part," an independent analysis must be made as to the nature, function, and purpose of an item in relation to the article to which it is attached or designed to serve.

HOLDING:

The remote control apparatus in question are classifiable within subheading 8529.90.35, HTSUSA, which provides for parts used solely or principally with the apparatus of heading 8528, dutiable 3.7 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division