CLA-2-85:OT:RR:NC:N1:112

Darrell G. Toth
Vice President
Quality Customs Broker, Inc.
615 N. Edgewood Ave.
Wood Dale, IL 60191

RE: The tariff classification of the AlphaXpress VSLS Variable Speed Limit Sign from an undisclosed country of origin.

Dear Mr. Toth:

In your letter dated May 7, 2013, you requested a tariff classification ruling on behalf of your client, Adaptive Micro Systems LLC.

The merchandise in question is the AlphaXpress VSLS Variable Speed Limit Sign. This item measures 25.2 inches in length, 25.2 inches in width, and 5.06 inches in depth. It incorporates RGB LED pixels and has a 140 degree viewing angle. The LED display is capable of displaying 2 characters, 18 inches high. The AlphaXpress VSLS Variable Speed Limit Sign is designed for use on highways and tollways. It is used on signs to display roadway speed limits.

You have proposed classification of these displays under 8531.20.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for indicator panels incorporating liquid crystals devices or light emitting diodes. Based on the fact that these displays are used to indicate the speed limit on roadways we would consider them signaling, safety and/or traffic control devices. As such, it is the opinion of this office that these devices are more specifically provided for in heading 8530.

The applicable subheading for the AlphaXpress VSLS Variable Speed Limit Sign will be 8530.80.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical signaling, safety, or traffic control equipment…: Other equipment”. The general rate of duty will be Free.

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 the National Import Specialist at (646) 733-3008.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division