HQ 081985: I/A 37/87: Casio back light system for pocket television

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 081985

                         January 8, 1990


CLA-2 CO:R:C:G  081985  JMH

CATEGORY:  Classification

TARIFF NO.:  685.08; 687.30


Area Director
New York Seaport Area
Suite 716
6 World Trade Center
New York, New York  10048-0945

RE:  I/A 37/87:  Casio back light
     system for pocket television


Dear Madam or Sir:

     This is in response to your request for internal advice
concerning the back light system for a pocket television.  The
internal advice request was initiated by Cameron, Hornbostel &
Butterman on behalf of their client Casio, Inc.

FACTS:

     The merchandise in question is the Casio Back Light System.
It consists of lightweight, electric lamps (bulbs) which are
approximately three and one-half inches long and four inches
wide.  The lamps are imported in a housing with two AA dry cell
batteries, DC connection cord model TF04C, and a carrying pouch
model TS-07.  The Back Light System transmits florescent lighting
to the back of a pocket television.  This added lighting improves
the picture display in certain light conditions.  The Back Light
System performs no internal reception or transmission function.
It is used exclusively with a television receiver.

     The importer contends that since the Back Light System only
produces light electrically it should be classified within Item
687.30, Tariff Schedule of the United States (TSUS), as
"Electric filament lamps and electric discharge lamps..electric
luminescent lamps...Electric luminescent lamps..."



                               -2-


     Your office believes that the Back Light System is
classifiable within Item 685.08, TSUS, as "...Other television
apparatus and parts thereof..."  This decision is based upon your
contention that the Back Light System is more than a lamp, and
therefore, precluded from classification within Item 687.30,
TSUS.  You also state that the Back Light System meets the
definition of "apparatus" and is therefore a "television
apparatus."

ISSUE:

     Whether the Casio Back Light System is more than a lamp so
to be classified within Item 685.08, TSUS.

LAW AND ANALYSIS:

     The classification of merchandise under the TSUS is governed
by the General Headnotes.  General Headnotes 10(c) provides that
the most specific heading is used for classification purposes.
General Headnote 10(ij) states that "a provision for 'parts' of
an article...does not prevail over a specific provision for such
part."

     Item 687.30, TSUS, specifically provides for electric
luminescent lamps such as the lamps in the subject Back Light
System and by reason of Headnote 10(ij) are classifiable under
this provision.  However, when the lamps are combined with
batteries and an electrical cord in a housing, they are no longer
described by the provision for lamps.  They are now "more" than
lamps, and therefore, are precluded from classification in item
687.30.  The Back Light System is designed specifically for use
with television receivers.  The correct classification is within
Item 685.08, TSUS, according to its use as "...Other television
apparatus and parts thereof..."

HOLDING:

     The Casio Back Light System is properly classified within
Item 685.08, TSUS according to its use as "...Other television
apparatus and parts thereof..."

     You should advise the internal advice applicant of this
ruling.

                              Sincerely,



                              John Durant, Director
                              Commercial Rulings Division