CLA-2-85:OT:RR:NC:N1:112
Lisa M. Hammond
Hodes Keating & Pilon
134 North LaSalle Street, Suite 1300
Chicago, Illinois 60602
RE: The tariff classification of a marine flashing safety whistle and a marine key finder from China
Dear Ms. Hammond:
In your letter dated September 12, 2008, you requested a tariff classification ruling on behalf of your client, Buztronics. The items are being returned to you as requested.
The items concerned are a marine flashing safety whistle (SKU #1044248) and a marine key finder (SKU #1044216).
The first item concerned is the marine flashing safety whistle (SKU #1044248). The marine flashing safety whistle is a multi-functional device which consists of a water activated white flashing strobe light that incorporates a whistle within its plastic housing and a foam flotation device that attaches to the light/whistle via a red and black lanyard. The flashing light is automatically activated when the unit is submerged in water. The strobe light is waterproof and can be seen for over a mile at night. In use, the marine flashing safety whistle would be attached to a key-chain or life vest. The purpose of this device is to assist in locating a set of keys if accidentally dropped into a body of water, or if attached to a life vest, this device would provide a distress signal in the form of a blinking safety light and whistle. The marine flashing safety whistle operates on three button cell batteries.
The second item concerned is the marine key finder (SKU #1044216). The marine key finder is a multi-functional device that consists of a water activated, red flashing strobe light, a small foam flotation device and a metal ball chain which connects the two. In use, keys would be securely attached to the metal chain. In the event the keys are accidentally dropped into a body of water, the foam float would keep them from sinking while the red flashing strobe light would provide a signal as to their location. The merchandise operates on three button cell batteries.
The applicable subheading for the marine flashing safety whistle (SKU #1044248) and the marine key finder (SKU #1044216) 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 Steve Pollichino at 646-733-3008.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division