The tariff classification of inflatable safety signs from China.

Product description

Four empty retail cartons with pictures and product information were provided with your letter. The four inflatable safety signs are all composed of plastic sheeting. The inflatable cone safety sign (#7111) is in the form of an orange traffic cone. The inflatable hand safety sign (#7112) is in the form of a red colored hand raised in the universal symbol for “Stop.” The inflatable street guard safety sign (#7113) is in the form of a uniformed traffic officer holding up a three sided caution sign. The inflatable driveway safety sign (#7114) is in the form of two orange traffic cones with a caution sign spread between them. These objects are for use in driveways or next to streets where children play, alerting motorists to the presence of children. Each inflatable also includes a built-in water chamber to keep the object firmly in place. All are printed “Caution Kids At Play!” The inflatable cone safety sign, the inflatable hand safety sign and the inflatable street guard safety sign all stand over 3 ½ feet in height. The inflatable driveway safety sign is over 2 feet in height and 4 feet in width. You suggest classification in subheading 4911.99.8000, Harmonized Tariff Schedule of the United States (HTS), as printed matter. However, the large sizes, bright colors and symbolic shapes of the products, rather than the printing, are the primary features that alert motorists. The inflatable devices function as much as barriers as they do as signs. In these styles, the function performed by the printed caution advice is incidental to the functions performed by the inflatable plastic warning devices.

CBP rationale

up a three sided caution sign. The inflatable driveway safety sign (#7114) is in the form of two orange traffic cones with a caution sign spread between them. These objects are for use in driveways or next to streets where children play, alerting motorists to the presence of children. Each inflatable also includes a built-in water chamber to keep the object firmly in place. All are printed “Caution Kids At Play!” The inflatable cone safety sign, the inflatable hand safety sign and the inflatable street guard safety sign all stand over 3 ½ feet in height. The inflatable driveway safety sign is over 2 feet in height and 4 feet in width. You suggest classification in subheading 4911.99.8000, Harmonized Tariff Schedule of the United States (HTS), as printed matter. However, the large sizes, bright colors and symbolic shapes of the products, rather than the printing, are the primary features that alert motorists. The inflatable devices function as much as barriers as they do as signs. In these styles, the function performed by the printed caution advice is incidental to the functions performed by the inflatable plastic warning devices. The applicable subheading for the inflatable plastic safety signs will be 3926.90.7500, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics…pneumatic mattresses and other inflatable articles, not elsewhere specified or included. The rate of duty will be 4.2 percent ad valorem.

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