us-cbp-cross-rulings-hq-554465•HQ 554465: Classification of the RRC600 hand-held remote control transmitter
HQ 554465: Classification of the RRC600 hand-held remote control transmitter
us-cbp-cross-rulings-hq-554465HQ 554465: Classification of the RRC600 hand-held remote control transmitterGuidance
Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.
HQ 554465
November 17, 1988
CLA-2 CO:R:C:G 554465 MR
CATEGORY: Classification
TARIFF NO: 685.60
District Director of Customs
Seattle, Washington
Re: Classification of the RRC600 hand-held remote control
transmitter
Dear Sir:
This is our decision on Application for Further Review of
Protest No. 3002-6-000055, dated February 18, 1986, contesting
your classification of a certain programmable hand-held remote
control infrared signal transmitter unit from Japan. The protest
covers entry 85-117359-7, dated August 27, 1985. Liquidation
took place January 24, 1986.
FACTS:
The subject merchandise, designated the "RRC600," is
described as a programmable remote transmitter for a "Control
Central Programmable Remote System." The hand-held device
utilizes digital technology, and is capable of controlling up to
four different home electronic products of the type which can
accept instruction codes through infrared transmission.
Entry was made under item 688.42, Tariff Schedules of the
United States (TSUS), which provides for "Electrical articles and
electrical parts of articles, not specially provided for."
Liquidation was under the provision for "Electrical
switches,...and other electrical apparatus for making or breaking
electrical circuits...; switchboards...and control panels; all
the foregoing and parts thereof," in item 685.90, TSUS.
- 2 -
ISSUE:
Whether the RRC600 hand-held programmable remote control
transmitter is properly classifiable as an electrical article,
not specially provided for, in item 688.42, TSUS, or as a
"switch," "control panel," or "other electrical apparatus for
making or breaking electrical circuits" provided for in item
685.90, TSUS, or as "radio remote control apparatus,"
classifiable in item 685.60, TSUS.
LAW AND ANALYSIS:
The importer has submitted that the RRC600 is more than a
switch because of its programming capabilities and its infrared
transmitting function. Characterizing the subject device as a
"dedicated computer," the importer contends that the proper
classification would be in item 688.42, TSUS, as an electrical
article, not specially provided for.
In support of classification of the subject merchandise in
item 685.90, TSUS, citation has been made to previous
administrative determinations which held certain devices to be
classifiable as control panels. However, none of these devices
were hand-held, and, more important, all were connectable to the
article to be controlled- either by physical incorporation or by
wire.
In Headquarters Ruling Letter 067433 (April 15, 1982), it
was determined that certain hand-held "wireless" (i.e., utilizing
either ultrasound or infrared transmission) remote control
devices, designed for use with a television, were classified as
television apparatus, in item 685.19, TSUS (1982). We agree that
the subject article, while similar in function, is more than a
television apparatus, given its designed capabilities to control
a wider range of merchandise.
For tariff classification purposes, especially in the
context of item 685.90, TSUS, the terms "electrical switch" and
"apparatus for making or breaking of circuits" are not
interchangeable with "control panel." The operation of a device
based on principles of making or breaking of circuits (i.e., the
"means" by which it functions) does not, per se, render an
article classifiable either as a control panel, or as any other
article enumerated in 685.90, TSUS.
- 3 -
In view of its programming capabilities and its various
control functions, the RRC600 is more than a switch. Likewise,
the RRC600 may be apparatus that, in the most narrow analysis,
"makes or breaks electrical circuits." However, such is a
description of "means," rather than the function which gives it
an identity for purposes of tariff classification. That is, it
is not "electrical apparatus for making or breaking electrical
circuits" (emphasis added); rather, it is electrical apparatus
for wireless remote control, which may in fact perform its
operations through the making or breaking of electrical circuits.
Item 685.60, TSUS, specifically provides for radio remote
control apparatus. In design, function, and use, the RRC600 is
nothing more than radio remote control apparatus. As such, it is
specifically described and properly classifiable in item 685.60,
TSUS. Consequently, it is not necessary to address the question
of whether the RRC600 can be considered a "control panel" as
contemplated by item 685.90, TSUS.
HOLDING:
The RRC600 is properly classifiable in item 685.60, TSUS,
which provides for radio remote control apparatus.
The protest is denied, except to the extent that
reclassification of the merchandise as indicated above results in
a partial allowance. A copy of this decision should be attached
to the Form 19 Notice of Action to satisfy the notice
requirements of section 174.30(a), Customs Regulations.
John Durant, Director
Commercial Rulings Division
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.