The tariff classification of a Weather Alert Radio Receiver from China

N211481 April 9, 2012 CLA-2-85:OT:RR:NC:N1:108 CATEGORY: Classification TARIFF NO.: 8527.19.5025 Mr. Daniel S. Schiff Cobra Electronics Corporation 6500 West Cortland Street Chicago, Illinois 60707 RE: The tariff classification of a Weather Alert Radio Receiver from China Dear Mr. Schiff: In your letter dated March 21, 2012, you requested a tariff classification ruling. The merchandise under consideration is the CWR 100, which is a radiobroadcast weather alert receiver. This weather alert receiver is designed to receive only National Oceanic and Atmospheric Administration (NOAA) weather alert broadcasts, which are broadcasted in the 520 Kilohertz through 1610 Kilohertz (162.4 Megahertz through 162.55 Megahertz) range. In addition, this battery operated device does not contain an AM/FM tuner and is valued under $40.00. In your submission you suggest classification in subheading 8527.19.5010, which provides for Reception apparatus for radiobroadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock: Radiobroadcast receivers capable of operating without an external source of power: Other: Other: FM only or AM/FM only. However, this radiobroadcast receiver receives signals outside the AM and FM entertainment broadcast bands, which are defined in Statistical Note 1 to Chapter 85, as being within the range of 550-1650 Kilohertz and 88-108 Megahertz, respectively. Therefore, this subheading is not applicable. The applicable subheading for this radiobroadcast receiver will be 8527.19.5025, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Reception apparatus for radiobroadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock: Radiobroadcast receivers capable of operating without an external source of power: Other: Other: Other. The rate of duty will be 3 percent ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Lisa Cariello at (646) 733-3014. Sincerely, Thomas J. Russo Director National Commodity Specialist Division