CLA-2-85:RR:NC:1:108 L81525
Mr. W. J. Gonzalez
Trans-Union Customs Service, Inc.
11941 S. Prairie Avenue
Hawthorne, CA 90250
RE: The tariff classification of various composite articles from China.
Dear Mr. Gonzalez:
In your letter dated December 12, 2004, on behalf of Sweda Co, LLC., you requested a tariff classification ruling. Samples are being returned as requested.
The submitted samples consist of the following composite articles:
a portable battery-operated oblong-shaped radio clock combined with a calendar and thermometer (item number FM 35), measuring approximately 3 inches high by 6 ¼ inches wide. This merchandise features a posterior FM radio with an on/off rotary switch and extensible antenna, as well as a frontal built-in digital alarm clock, calendar, and thermometer. There are also frontal and posterior control buttons, in addition to a posterior easel-like plastic stand. This merchandise is stated not to be valued over $40 each.
a flashlight, radio, carabiner and compass combination, item number FM 44, that measures about 4 ½ inches long. This composite article features a small portable battery-operated cylindrical flashlight with a push-button light switch. Behind the flashlight, there is a built-in FM radio with an on/off rotary switch, as well as scanning and resetting buttons. Beneath the flashlight, there is a carabiner which is adjacent to a built-in compass. There are also separate earphones designed for connection to the radio’s socket.
a flashlight, whistle, key ring and compass combination, item number KC 33, that features a small oblong-shaped plastic flashlight, which is battery-operated, and a whistle, both of which are incorporated into one body but at opposite ends. There is a steel key ring, affixed to this article, that is adjacent to the flashlight’s bulb, whose light is designed to illuminate a key and lock; and a built-in compass which is situated near the midsection of the composite article’s top portion.
a key ring with flashlight and snap-hook closure combination, item number KC 43, that measures about 3 inches in length. This composite article features a small, portable, battery-operated flashlight that is incorporated within the metal frame of a snap-hook closure; and a securely affixed steel key ring, situated at the opposite end of the above closure, that is adjacent to the flashlight’s bulb, whose light is designed to illuminate a key and lock.
the “twist light with key ring,” item number KC 70, that features a small portable battery-operated cylindrical flashlight with a steel key ring affixed to its bottom portion.
You indicate that the radio clock with the calendar and thermometer, FM 35, is classified under subheading 8527.19.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for Reception apparatus for radiotelephony, radiotelegraphy or radiobroadcasting, 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: Valued not over $40 each, incorporating a clock or clock-timer, not in combination with any other article, and not designed for motor vehicle installation. However, since the radio clock also incorporates a calendar and thermometer, it is considered to be in combination with other articles, thereby precluding consideration of classification under subheading 8527.19.1000, HTS.
The applicable subheading for the portable, battery-operated FM radio with digital clock, calendar and thermometer, item number FM 35, will be 8527.19.5015, Harmonized Tariff Schedule of the United States (HTS), which provides for Reception apparatus for radiotelephony, radiotelegraphy or radiobroadcasting, 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... Incorporating a clock or clock-timer. The duty rate will be 3 percent ad valorem.
The applicable subheading for the steel key ring with flashlight and metal snap-hook closure, item number KC 43, will be 7326.20.0070, HTS, which provides for other articles of iron or steel wire, other. The rate of duty will be 3.9 percent ad valorem.
The applicable subheading for the cylindrical flashlight with metal key ring, item number KC 70, will be 8513.10.2000, HTS, which provides for portable electric lamps designed to function by their own source of energy…lamps: flashlights. The rate of duty will be 12.5 percent ad valorem.
Your inquiry does not provide enough information for us to give a classification ruling on the composite article, item number FM 44, consisting of a flashlight, radio, carabiner, and compass; and the composite article, item number KC 33, consisting of a flashlight, whistle, key ring, and compass. Your request for a classification ruling should include a complete breakdown by weight and value of all the components that make up these composite articles, as well as marketing and advertising literature which indicate how this merchandise is marketed and sold. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.
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 Michael Contino at 646-733-3014.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division