HQ 954952: PRD 3004-92-100054; Satellite Dish Video System Receiver, Parts; Television Receiver/Decoder, Antenna Positioning, Heading 8528; Parts of Transmission Apparatus; Sole or Principal Use; HQ 953369, HQ 953370

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 954952

                            DECEMBER 28 1993

CLA-2:CO:R:C:M    954952 JAS

CATEGORY:   Classification

TARIFF NO.: 8529.90.50

District Director of Customs
Area/Port of Blaine
Key Tower Bldg.
1000 2nd. Ave., #2200
Seattle, WA 98104-1049

RE:  PRD 3004-92-100054; Satellite Dish Video System Receiver,
     Parts; Television Receiver/Decoder, Antenna Positioning,
     Heading 8528; Parts of Transmission Apparatus; Sole or
     Principal Use; HQ 953369, HQ 953370

Dear Sir:

     This is our decision on Application for Further Review of
Protest No. 3004-92-100054, filed by the broker representing
Norsat USA, against your action in liquidating certain entries of
satellite receiver components from Canada.  The entries were
liquidated on February 7, 21 and 28, March 6 and 20, and on April
3 and 17, 1992.  This protest was timely filed on April 21, 1992.

FACTS:

     The four (4) components in issue are designated the 6M
Message Memory Module, FMD-50, CLR-50, and the (System Receiver) 
SR-60.  They are parts of satellite receivers but are not further
described except for brief excerpts from the broker's letter of
April 21, 1992, summarized as follows:  The 6M is designed to
receive a radio transmission.  It does not have the capability to
receive audio or video transmission; the FMD-50 and CLR-50 are
designed to receive data only from a satellite.  They are not
capable of receiving video or audio transmissions; the SR-60 is
part of an audio/video receiver.

     The first and fourth components were entered under
provisions of heading 8529, as parts suitable for use solely or
principally with the apparatus of headings 8525 to 8528, while
the second and third components were entered under the provision
for electrical machines and apparatus not specified elsewhere in
Chapter 85.  The first component was liquidated under a provision
in heading 8529 for parts of television apparatus, while the - 2 -

remaining three components were liquidated under the provision in
heading 8528 for other television receivers.  For the reasons
that follow, the concerned import specialist now agrees that the
components are provided for in an appropriate subheading of
heading 8529, as parts suitable for use with apparatus of
headings 8525 to 8528.

     The provisions under consideration are as follows:

     8528.10.60     Other television receivers...2 percent under
                    the United States-Canada Free-Trade Agreement
                    (CA) 

          *         *         *         *         *         *

     8529.90.35     Parts of television apparatus: Other; Other
                    ...Free under subheading 9905.85.55 (CA)

          *         *         *         *         *         *

     8529.90.45     Parts of radar, radio navigational aid or
                    radio remote control apparatus: Other...
                    Free (CA)

          *         *         *         *         *         *
     
     8529.90.50     Parts suitable for use solely or principally
                    with the apparatus of headings 8525 to 8528:
                    Other...Free (CA)

          *         *         *         *         *         *    

     8543.80.90     Electrical machines and apparatus, having
                    individual functions, not specified or
                    included elsewhere in [chapter 85]: Parts:
                    Other...Free (CA)

ISSUE:  

     Whether these components are parts classifiable according to
the apparatus with which they are solely or principally used.

LAW AND ANALYSIS:

     Merchandise is classifiable under the Harmonized Tariff
Schedule of the United States (HTSUS) in accordance with the
General Rules of Interpretation (GRIs).  GRI 1 states in part
that for legal purposes, classification shall be determined
according to the terms of the headings and any relative section
or chapter notes, and provided the headings or notes do not
require otherwise, according to GRIs 2 through 6. - 3 -

     HQ 953369, dated February 10, 1993, considered the
relationship of heading 8525 to heading 8528 with respect to
certain satellite receivers, apparatus that receives television
signals broadcast from satellites in the atmosphere, rotates and
positions a dish antenna to maximize reception of these signals,
then unscrambles or decodes the signals and transmits them to a
television (TV) receiver or video cassette recorder (VCR).  The
decision held that the apparatus was a composite machine whose
transmission function, when compared to its antenna-positioning
function, was its principal function.  The receivers were found
to be classifiable in subheading 8525.10.20, HTSUS, as television
transmission apparatus.  The concerned import specialist agrees
that the principles of HQ 953369 govern the classification of the
components in issue here.

HOLDING:

     The 6M Message Memory Module, the FMD-50 and CLR-50, and the
SR-60 are principally used with television transmission apparatus
of heading 8525.  Under the authority of GRI 1, they are provided
for in heading 8529 and are classifiable in subheading
8529.90.50, HTSUS, as other parts suitable for use solely or
principally with the apparatus of headings 8525 to 8528.

     The protest should be allowed.  In accordance with Section
3A(11)(b) of Customs Directive 099 3550-065, dated August 4,
1993, Subject: Revised Protest Directive, you should mail this
decision, together with the Customs Form 19, to the protestant no
later than 60 days from the date of this letter.  Any
reliquidation of the entry or entries in accordance with the
decision must be accomplished prior to mailing the decision. 
Sixty days from the date of the decision the Office of
Regulations and Rulings will take steps to make the decision
available to Customs personnel via the Customs Rulings Module in
ACS and to the public via the Diskette Subscription Service,
Lexis, the Freedom of Information Act and other public access
channels.                          

                              Sincerely,


                              John Durant, Director
                              Commercial Rulings Division