CLA-2-85:OT:RR:NC:N1:112

Mr. Troy Deal
DRJ Safety, Inc.
7380 Fernwood Drive
Riverdale, GA 30296

RE: The tariff classification of LED safety wands from China

Dear Mr. Deal:

In your letter dated May 4, 2009, you requested a tariff classification ruling. The samples which you submitted are being returned as requested.

The merchandise subject to this ruling are LED safety wands (Item #7136). The items measure approximately 13 ½ inches in length. The safety wands are bright orange in color and are comprised of plastic. Located inside the housing are three red LED lights which are encased in nylon glass. Located on the base of each wand are “On/Off” switches.

The purpose of the LED safety wands is to direct traffic. The wands can be used either for day or night. The items are portable and operate on two “C” size batteries.

The applicable subheading for the LED safety wands will be 8530.80.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Electrical signaling, safety or traffic control equipment…: Other equipment". The rate of duty will be free.

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 Steve Pollichino at (646) 733-3008.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division