HQ 554465: Classification of the RRC600 hand-held remote control transmitter

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