N304814 N3 Ruling Active

The tariff classification of a safety and emergency beacon from China

Issued July 1, 2019 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 8531.80.9051

Headings: 8531

Product description

The item concerned is referred to as the “E-Flare Compact Safety and Emergency Beacon” (model # 939-AT280). This emergency beacon incorporates 8 LEDs, an ABS housing and a fresnel lens. It is powered by 4 AA batteries. The unit is waterproof up to 100 feet, dust proof, and will survive a 3 foot drop onto a concrete surface. The LEDs (visual signal) can be seen over ¾ mile away, with a maximum 360° visibility. The E-Flare easily attaches to belts, clothing, vehicles, traffic cones or signs. In use, the unit(s) would be placed around to create a highly visible warning and safety zone for people, work areas, hazards and accidents. Applications include use for traffic control, construction sites, rail yards/ports, and other safety applications.

CBP rationale

The applicable subheading for the “E-Flare Compact Safety and Emergency Beacon” (model # 939-AT280) will be 8531.80.9051, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electric sound or visual signaling apparatus .

Full text

N304814 July 1, 2019 CLA-2-85:OT:RR:NC:N2:209 CATEGORY: Classification TARIFF NO.: 8531.80.9051 Robert Boss Mohawk Global Logistics 4 Automation Lane, Suite 250 Albany, NY 12205 RE: The tariff classification of a safety and emergency beacon from China Dear Mr. Boss: In your letter dated June 14, 2019, you requested a tariff classification ruling on behalf of your client, Protective Industrial Products. The item concerned is referred to as the “E-Flare Compact Safety and Emergency Beacon” (model # 939-AT280). This emergency beacon incorporates 8 LEDs, an ABS housing and a fresnel lens. It is powered by 4 AA batteries. The unit is waterproof up to 100 feet, dust proof, and will survive a 3 foot drop onto a concrete surface. The LEDs (visual signal) can be seen over ¾ mile away, with a maximum 360° visibility. The E-Flare easily attaches to belts, clothing, vehicles, traffic cones or signs. In use, the unit(s) would be placed around to create a highly visible warning and safety zone for people, work areas, hazards and accidents. Applications include use for traffic control, construction sites, rail yards/ports, and other safety applications. The applicable subheading for the “E-Flare Compact Safety and Emergency Beacon” (model # 939-AT280) will be 8531.80.9051, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electric sound or visual signaling apparatus ... : Other apparatus: Other: Other.” The rate of duty will be .3% ad valorem. 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 [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division

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