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

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