CLA-2-85:S:N:N1:112 808883
Ms. Venitia Huffman
Radix Group International
11 Koger Center
Norfolk, VA 23502
RE: The tariff classification of the SkyScan P5 lightning
detector from China.
Dear Ms. Huffman:
In your letter dated March 24, 1995, on behalf of Equity
Industries Corporation, you requested a tariff classification
ruling.
The item in question, a SkyScan P5 lightning detector, is a
hand-held battery powered device which provides the user with
passive detection and ranging of lightning/thunderstorm activity
within a radius of 40 miles. This device displays detected
lightning activity via a column of LED's, indicating the distance
in miles. This is done by sampling the electromagnetic radiation
of the lightning stroke at certain frequencies and then
identifying the radiation as originating from a lightning stroke
while also determining the distance to the stroke. This detector
also provides for an audible warning tone for each detected
lightning event. The presence of severe storms can also be
detected and the device produces a distinct visual and audible
warning in these instances.
The applicable subheading for the SkyScan P5 lightning
detector will be 8531.80.8050, Harmonized Tariff Schedule of the
United States (HTS), which provides for other electric sound or
visual signaling apparatus. The rate of duty will be 2.4 percent
ad valorem.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
It should be noted that the submitted sample of the SkyScan
P5 was not marked with the country of origin. Section 304,
Tariff Act of 1930, as amended (19 U.S.C. 1304), requires that,
unless excepted, every article of foreign origin imported into
the United States be marked in a conspicuous place so as to
indicate to the ultimate purchaser in the U.S. the English name
of the country of origin of the article.
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