HQ 957980: Portable AM/FM/Shortwave Radio with Clock-Sleep Timer; Modification of NY 807569; 8527.19.50

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 957980
                           May 25, 1995


CLA-2 R:C:M 957980 DWS

CATEGORY: Classification

TARIFF NO.: 8527.19.10

Mr. Peter Jay Baskin
Sharretts, Paley, Carter & Blauvelt, P.C.
Sixty-seven Broad Street
New York, NY 10004

RE: Portable AM/FM/Shortwave Radio with Clock-Sleep Timer; 
    Modification of NY 807569; 8527.19.50

Dear Mr. Baskin:

     This is in response to your letter of May 15, 1995, on behalf of A & A International,
requesting clarification of the holding in NY 807569, issued to you by the Area Director of
Customs, New York Seaport, on March 13, 1995, concerning the classification of a portable
AM/FM/shortwave radio with a clock-timer under the Harmonized Tariff Schedule of the United
States (HTSUS).

FACTS:

     The merchandise consists of a portable AM/FM/shortwave radio with a clock-sleep timer (cat.
no. 20-212, model no. DX-375).  The article's stated F.O.B. price is $35.35.  It measures
approximately 7 1/8 inches x 4 5/8 inches x 1 3/8 inches, and may be powered with an optional
AC adapter, optional DC adapter, or batteries.  The product has push button controls for
selecting the desired radio band, and a digital keypad which can be used to preset and recall up to
30 stations or to tune directly to any station by entering its frequency.  One may also tune in the
radio by scanning frequencies in ascending or descending order.  The merchandise possesses a
sleep timer capability, which will terminate the radio's functioning after a pre-programmed time. It
is not designed for installation into a motor vehicle.

ISSUE:

     Whether the portable AM/FM/shortwave radio with a clock-sleep timer is classifiable under
subheading 8527.19.10, HTSUS, as reception apparatus for radiobroadcasting, valued not over
$40 each and incorporating a clock-timer, or under subheading 8527.19.50, as other reception
apparatus for radiobroadcasting.

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUS is in accordance with the General Rules of
Interpretation (GRI's).  
GRI 1 provides that classification is determined according to the terms of the headings and any
relative section or chapter notes.

     The subheadings under consideration are as follows:

     8527.19.10: [r]eception apparatus for radiotelephony,
                 radiotelegraphy or radiobroadcasting, whether or
                 not combined, in the same housing, with sound
                 recording or reproducing apparatus or a clock:
                 [r]adiobroadcast receivers capable of operating
                 without an external source of power, including
                 apparatus capable of receiving also 
                 radiotelephony or radiotelegraphy: [o]ther:
                 [v]alued not over $40 each, incorporating a
                 clock or clock-timer, not in combination with
                 any other article, and not designed for motor 
                 vehicle installation.

     Goods classifiable under this provision receive duty-free
     treatment.

     8527.19.50: . . . : [r]adiobroadcast receivers capable of                      operating without an
external source of power,                     including apparatus capable of receiving also 
                 radiotelephony or radiotelegraphy: [o]ther:
                 [o]ther.

     The general, column one rate of duty for goods classifiable 
     under this provision is 5.4 percent ad valorem.

     In NY 957980, the merchandise was held to be classifiable under subheading 8527.19.50,
HTSUS, based upon the mistaken understanding that the radio was valued over $40.

     Inasmuch as the merchandise is valued at $35.35, it is specifically described under subheading
8527.19.10, HTSUS.

     NY 807569 is being modified to correct the difference in classification caused by a clerical
error as to the value of the radio.  

HOLDING:

     The portable AM/FM/shortwave radio with a clock-sleep timer (cat. no. 20-212, model no.
DX-375) is classifiable under subheading 8527.19.10, HTSUS, as reception apparatus for
radiobroadcasting, valued not over $40 each and incorporating a clock-timer.

EFFECT ON OTHER RULINGS

     NY 807569 is modified to reflect the reasoning in this ruling.

                            Sincerely,



                            John Durant, Director
                            Commercial Rulings Division