HQ 950863: Protest 0901-91-170072; Vehicular charger; Heading 8504; EN85.04(II); static converters; H. Conf. Rep. No. 576; HQ 083672;Protest 0901-0-700353.

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 950863

                          April 3, 1992

CLA-2 CO:R:C:M 950863 AJS

CATEGORY: Classification

TARIFF NO.: 8529.90.50

District Director
U.S. Customs Service
111 West Huron Street
Buffalo, NY 14202

RE: Protest 0901-91-170072; Vehicular charger; Heading 8504; EN
85.04(II); static converters; H. Conf. Rep. No. 576; HQ 083672;
Protest 0901-0-700353.

Dear District Director:

     Protest for further review number 0901-91-170072, dated
March 21, 1991, was filed against the tariff classification of a
vehicular charger within subheading 8529.90.50, Harmonized Tariff
Schedule of the United States (HTSUS).

FACTS:

     The merchandise under protest is the "M-PD Vehicular
Charger" (VC).  It consists of a cradle containing a DC/DC
charger, a 12 watt amplifier, speaker and microphone.  It is used
to convert a portable radio into a mobile radio.  When the radio
is latched into the VC an automatic connection is created to the
radio speaker, microphone, and antenna leads.  Inserting the
radio into the charger activates a switch in the battery
compartment of the VC which turns the power on to the charging
circuit.  A second switch senses the longer, higher capacity
battery packs and adjusts the charge rate accordingly.  If the
on/off switch on the charger volume control is in the off
position, only the charger function operates.

     When the switch is turned on, then the following additional
features can be activated:

          If the radio has been turned on before insertion  into
the charger and the latch is not engaged, audio 


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     will be heard from the radio's speaker.  No connection      
to   the microphone or outside antenna occurs until the latch is
     operated.

          When the radio is latched, the personal radio's
     speaker, microphone and antenna are defeated and  
connections are automatically made to the charger and the
     external microphone, speaker, and antenna.  In addition,    
the act of latching the radio causes the final power switch      
to be activated, supplying voltage to the audio amplifier   and
dead power supply, and light the radio engaged LED.  The    
personal radio is turned on regardless of the position of   its
power switch.  

ISSUE:

     Whether the VC is properly classifiable within heading 8504,
HTSUS, which provides for static converters; or classifiable
within heading 8529, HTSUS, which provides for parts and 
accessories for use solely or principally with the apparatus 
of headings 8525 to 8528.

LAW AND ANALYSIS:

     Heading 8504, HTSUS, provides for static converters.
The Harmonized Commodity Description and Coding System
Explanatory Notes (ENs) state that the apparatus of this group
are used to convert electrical energy in order to adapt it for
further use.  ENs 85.04 (II), p. 1338 (1991).  While the ENs are
not dispositive, they provide a commentary on the scope of each
heading and offer guidance for interpretation of the HTSUS.  H.
Conf. Rep. No. 576, 100th Cong., 2D Sess, p. 549, reprinted in
1988 U.S. CODE CONG. & ADMIN. NEWS p. 1582.  The protestant
claims that the VC satisfies this description because it is used
to charge the batteries in a radio.  However, the VC is not
merely a battery charger.  The submitted literature states that
the VC is a new and innovative way to convert a portable radio
into a mobile radio.  When the radio is latched into the VC and
recharging, it can also operate as a mobile radio through its own
speaker, microphone and antenna or through an external microphone, 
speaker and antenna.  Accordingly, the VC does not satisfy the 
terms of heading 8504, HTSUS, and is not classifiable therein.

     Heading 8529, HTSUS, provides for parts and accessories for
use solely or principally with radio apparatus.  The VC satisfies
the terms of this heading.  It is used solely or principally to
charge radio batteries and convert a portable radio into a mobile 
radio.  More specifically, the VC is 



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described within subheading 8529.90.50, HTSUS, which provides for
"other" parts and accessories for use solely or principally with
radio apparatus.

     In HQ 083672 (5/16/89), Customs classified a rechargeable
battery set within subheading 8504.40.00, HTSUS.  The protestant
cites this ruling as support for their claimed classification. 
HQ 083672 involved merchandise which essentially charged
batteries.  The VC does not satisfy this description.  It does
not essentially charge batteries.  As discussed previously, it
also allows for the conversion of a portable radio into a mobile
radio.  Therefore, we do not find the cited ruling instructive
for determining the classification of the VC.  

     The protestant also cites Protest No. 0901-0-700353 which
approved a protested classification of a VC.  This protest was
approved based on the mistaken belief that the VC was essentially
a battery charger.  After receiving additional information,
Customs realized that this was not in fact the case. Accordingly, 
Customs is not bound by this earlier decision.

HOLDING:

     The vehicular charger is classifiable within subheading
8529.90.50, HTSUS, which provides for "other" parts and
accessories of radio apparatus.  You should deny the protest in
full.  A copy of this decision should be attached to the Customs
Form 19 and mailed to the protestant as part of the notice of
action on the protest.


                                 Sincerely,


                                 John Durant, Director
                                 Commercial Rulings Division