Ms. Jena Hooks
4710 Amon Carter Blvd.
Ft. Worth, TX 76155
RE: The tariff classification of Radar detection/ GPS device from the Philippines.
Dear Ms. Hooks:
In your letter dated January 25, 2002 you requested a tariff classification ruling.
The item in question is a radar detector and GPS device combined in a single housing. It is denoted as the GPSRD model (Digital Navigator). It is designed for use in automobiles. It is configured to provide the user with both radar detection capabilities and global positioning capabilities. These include a 360-degree laser detection function, speed trap warnings, speed measurement and an anti-falsing database. It also provides latitude and longitude location, an electronic compass, elevation reading and a travel timer that informs the driver of time remaining to reach the destination. It is equipped with an LED text readout display. It is to be noted that each capability can be operated independently of the other.
It is the opinion of this office, based upon this item’s particular configuration, and dual functioning, that this device is a composite good. GRI 2b states that if a product is a mixture or combination of materials or substance that are, prima facie, classifiable in two or more headings, then GRI 3 applies. GRI 3b provides that mixtures, composite goods consisting of different materials or made up of different components, shall be classified as if they consisted of the material or component that gives them their essential character. The article in question is such a item for it is made up of two distinguishable devices, a GPS device and a radar detection device. Therefore, the component that imparts the essential character to this article determines the classification.
EN VIII to GRI 3b states that the factors will vary as between different kinds of goods to determine its essential character. “It may for example, be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods.”
Based upon the configuration, dual independent function and co-equal use of each capability, this office is of the opinion that neither component constitutes an essential character. Therefore GRI 3c is applicable. It states that when goods cannot be classified by reference to 3a or 3b, they shall be classified under the heading, which occurs last in numerical order among those which merit equal consideration.
The applicable subheading for the combination Radar detector/ GPS device, model GPSRD, will be 8526.91.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for Radar apparatus, radio navigational aid apparatus and radio remote control apparatus: Other: Radio navigational aid apparatus … Other. The rate of duty will be free.
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.
Robert B. Swierupski