CLA-2-85:OT:RR:NC:N2:209

Tommy C. Walker
Tommy Walker
PO Box 1045 915 Barr Road
Lexington, SC 29071

RE: The tariff classification of traffic signal parts from China

Dear Mr. Walker:

In your letter dated July, 15, 2019, you requested a tariff classification ruling.

The first item concerned is the external housing/shell for a traffic signal. The molded housing/shell is a made from 100% Lexan plastic. It is built to Federal Highway Administration Standards and is designed to house the components of an LED traffic signal. At time of import the plastic housing/shell does not incorporate any electronics. This product is sold as a single unit or as multiple units screwed together. Each plastic housing would hold one light each. Two, three or four units could be mounted together to form a finished traffic signal (i.e. red, yellow, green).

The second item concerned is a cast aluminum bracket used for attaching a commercial traffic light to an overhead guy-wire. The cast aluminum body is supplemented with stainless steel nuts, bolts and specifically made pieces to enable connection to a guy-wire. This particular bracket is manufactured specifically for use with a traffic signal. Once attached it will finish off the outer housing of the traffic signal. It is manufactured to allow external electrical cable to pass into and out of a traffic light while allowing it to be attached to a guy-wire. The weight of the brackets is approximately 3.5 lbs.

The applicable subheading for the traffic signal housing/shell and the cast aluminum bracket will be 8530.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Electrical signaling, safety or traffic control equipment for railways, streetcar lines, subways, roads, inland waterways, parking facilities, port installations or airfields (other than those of heading 8608); parts thereof: Parts". The rate of duty will be Free.

Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974). See also "Notice of Action and Request for Public Comment Concerning Proposed Determination of Action Pursuant to Section 301: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation" (June 20, 2018, 83 F.R. 28710). Products of China that are provided for in subheading 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings.

Products of China classified under subheading 8530.90.00, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.01, in addition to subheading 8530.90.0000, HTSUS, listed above.

The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the notice cited above and the applicable Chapter 99 subheading.

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 the World Wide Web at https://hts.usitc.gov/current.

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 steven.pollichino@cbp.dhs.gov.

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division