The tariff classification of an LED reflective marker from China

N069977 August 12, 2009 CLA-2-85:OT:RR:NC:N1:112 CATEGORY: Classification TARIFF NO.: 8531.80.0050 Ms. Debbie Taylor Transportation The Container Store 500 Freeport Parkway Coppell, Texas 75019 RE: The tariff classification of an LED reflective marker from China Dear Ms. Taylor: In your letter dated July 17, 2009, you requested a tariff classification ruling. The sample you submitted is being retained by this office. The merchandise subject to this ruling is an LED reflective marker (SKU#10050038). This device is a battery-operated, round red reflector comprised of hard plastic. It measures approximately 2 ½” x 5” x ¼”. On top of the reflector is a black plastic housing which incorporates an “On/Off” button and a battery compartment. A plastic clasp is attached to the top of the housing. The red round reflector contains 2 ultra bright LED lights. The LED reflective marker has three modes of lighting; two flashing modes, and a constant mode where the reflective marker remains lit. In use, this device would be clipped to a belt loop, purse, bike, an article of clothing, etc. The LED reflective marker is meant to be used as a personal safety/signaling device for dark/night-time situations. As an example, the LED reflective marker could be used to signal the presence of the user when walking or jogging at night or as a visual signal in an emergency/safety situation. The applicable subheading for the LED reflective marker (SKU#10050038) will be 8531.80.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Electric sound or visual signaling apparatus…: Other apparatus: Other". The rate of duty will be 1.3%. 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 Steven Pollichino at (646) 733-3008. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division