CLA-2-85:S:N:N1:101-854956

Mr. Denis Prendergast
Patrick Powers
Customs Brokers Inc.
Post Office Box 30155
JFK Airport Station
Jamaica, NY 11430

RE: The tariff classification of visual signaling apparatus from South Korea

Dear Prendergast:

In your letter dated July 26, 1990, on behalf of Melinda International Inc., Manhasset, NY, you requested a tariff classification ruling.

You have submitted a sample of a prototype "S.O.S." signaling light which is labelled Pecan Enterprises Inc., Made in U.S.A. This light has a plastic suction cup that is 3 1/2 inches in diameter. The base (that contains the electrical wiring and battery) measures 4 inches by 2 1/2 inches by 1 inch. The signaling light is activated by an off/on switch.

The imported "S.O.S." signaling light is not designed or shaped to be carried by an individual. It is principally used in automobiles. The clear plastic suction cup is affixed to the interior of a car window and faces on-coming traffic. When the switch is activated the flashing light blinks on-and-off and is seen through the suction cup. This warning light is used when signaling for roadside help. The light can also be used when the automobile is being towed or is dangerously parked. The applicable subheading for the "S.O.S." signaling light will be 8512.20.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for visual signaling equipment of a kind used on motor vehicles. The rate of duty will be 2.7 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Sincerely,

Jean F. Maguire
Area Director
New York Seaport