HQ 955115: Alarms, Composite goods; Essential character; HRL's 951797, 951929 Dear Mr. Garceau:

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 955115

                        December 20, 1993

CLA-2  CO:R:C:M  955115 DFC 

CATEGORY:  Classification 

TARIFF NO.:  8531.10.00 

Paul Garceau 
A.N. Deringer, Inc. 
RD #1 Cox W432 
Alexandria Bay, NY 13607 

RE:  Alarms,  Composite goods;  Essential character;
     HRL's 951797,  951929
   
Dear Mr. Garceau: 

     This is in reference to your letter dated September 20,
1993, to the Area Director of Customs in New York, concerning the
tariff classification under the Harmonized Tariff Schedule of the
United States (HTSUS), of two alarm devices.  Your letter
together with the descriptive literature was referred to this
office for a response. 

FACTS: 

     The merchandise involved consists of the "Companion Portable
Alarm PA-1" (PA-1) produced in Korea and the "Keep Watch Vehicle
Alarm VA-1" (VA-1) produced in Hong Kong. 

     The PA-1 consists of a rectangular shaped plastic body
housing an electronic circuitry which enables it to function as a
hand-held flashlight, siren, flashing beacon and portable burglar
alarm.

     The VA-1 consists of a plastic rectangular shaped plastic
body housing an electronic circuitry containing an alarm and an
infrared receiver operating on a fixed infrared frequency, and a
portable remote control key chain module which operates on a
matching infrared frequency.  The remote control infrared
transmitter enables the user to arm and disarm the alkaline
battery operated alarm that is left in the vehicle, and in
addition activates the alarm if the user is encountering a
dangerous situation.     




                              -2- 

ISSUE: 

     How are the alarms classified? 

     What component imparts the essential character to the PA-1?

LAW AND ANALYSIS: 

     Classification of goods under the HTSUS is governed by the
General Rules of Interpretation (GRI's).  GRI 1 provides that
"classification shall be determined according to the terms of the
headings and any relative section or chapter notes, and, provided
such headings or notes do not otherwise require, according to
[the remaining GRI's taken in order]."  

     Inasmuch as the PA-1 is a composite good [flashlight plus
siren, flashing beacon and portable burglar alarm] its
classification is governed by GRI 3(b), HTSUS, which reads, as
follows: 

     3.   When, by application of rule 2(b) or for any other
          reason, goods are, prima facie, classifiable under two
          or more headings, classification shall be effected as
          follows: 

          (b)  Mixtures, composite goods consisting of different
               materials or made up of different components . . .
               which cannot be classified by reference to 3(a),
               shall be classified as if they consisted of the
               material or component which gives them their
               essential character, insofar as this criterion is
               applicable. 

     The PA-1 is prima facie classifiable under subheading
8513.10.20, HTSUS, which provides for flashlights, or under
subheading 8531.10.00, HTSUS, which provides for burglar or fire
alarms and similar apparatus, or under subheading 8531.80.00,
HTSUS, which provides for electric sound or visual signaling
apparatus (for example, bells, siren, indicator panels, burglar
or fire alarms), other apparatus.  

     The Harmonized Commodity Description and Coding System
Explanatory Notes to the HTSUS (EN), although not dispositive,
should be looked to for the proper interpretation of the HTSUS. 
See 54 FR 35128 (August 23, 1989). 







                              -3- 

     Composite goods are classifiable as if they consisted of the
component which gives them their essential character.  EN VIII to
GRI 3(b), at page 4, reads as follows: 

     (VIII)    The factor which determines essential character
               will vary as between different kinds of goods.  It
               may, for example, be determined by the nature of
               the materials or component, its bulk, quantity,
               weight or value, or by the role of a constituent
               material in relation to the use of the goods. 

     The PA-1 is advertised for use as follows: 

     When walking, jogging, biking, or hiking through the park,
     dark street or any place you feel afraid or uncomfortable,
     simply carry your Companion in your hand, preferably with
     the 'grip cord' looped around your wrist for quick and easy
     use-- or attach it to your belt, purse or other clothing, 
     Use the flashlight to help you see your surroundings more
     clearly. 

     Should a situation occur, quickly pull the 'grip-cord' away
     from the Companion to cause a loud shrieking alarm to sound
     and the light to flash.  This ear-piercing siren sounds at a
     level of up to 130 decibels (where permitted by law).  In
     the event of an attack, the distress signal should frighten
     the assailant and alert others nearby that you are in
     danger.

     For extra protection at home or away, the Companion PA-1 can
     also be used as a door alarm.  The sensitive door clip
     attachment (included) will alert you, the intruder and
     possibly others that your protected door is being entered.

     It is our observation that the essential character the of
PA-1 is derived from its function as an alarm.  Although the
device may be used as a flashlight, its utility as an alarm is
the reason for carrying the device.  Otherwise, if only
illumination were needed, one need only carry a flashlight. 
Further, the function of the "flashing beacon" is a secondary
feature which merely adds to the effectiveness of the alarm.  
  
     In view of the foregoing, it is our opinion that the PA-1 is
classifiable under subheading 8531.10.00, HTSUS, which provides
for burglar or fire alarms and similar apparatus.  See
Headquarters Ruling Letter (HRL) 951929 dated June 15, 1992.
 





                               -4-

     Pursuant to GRI 1, HTSUS, VA-1 is classifiable under
subheading 8531.10.00, HTSUS, which provides for electric sound
or visual signaling apparatus (for example, bells, sirens,
indicator panels, burglar or fire alarms), burglar or fire alarms
and similar apparatus.  See HRL 951797 dated August 17, 1992.

HOLDING:

     The essential character of the PA-1 is imparted by its
function as an alarm. 

     The PA-1 is classifiable under subheading 8531.10.00, HTSUS,
with duty at the rate of 2.7% ad valorem.  

     The VA-1 is classifiable under subheading 8531.10.00, HTSUS,
with duty at the rate of 2.7% ad valorem. 


                                   Sincerely, 



                                   John Durant, Director 
                                   Commercial Rulings Division