CLA-2-85:RR:NC:1: 112 D80744

Mr. R. Brian Burke
Rode & Qualey
295 Madison Ave.
New York, NY 10017

RE: The tariff classification of flashing safety lights from Japan

Dear Mr. Burke:

In your letter dated July 28, 1998, on behalf of Minolta Corporation, you requested a tariff classification ruling.

As indicated by the submitted samples and descriptive literature, these flashing safety lights, designated as the "nightflash" series, are self-illuminating devices for use on the center lane and shoulders of roadways. Each of these devices consists of a metal housing with a polycarbonate illuminating window, and incorporates solar cells which provide electric energy to power a series of light emitting diodes. The diodes produce a flashing light at a rate of 120 to 140 times per minute.

The applicable subheading for the "nightflash" series of flashing safety lights will be 8530.80.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for electrical signaling, safety or traffic control equipment for railways, streetcar lines, subways, roads, ...: Other equipment. The rate of duty will be 0.5 percent ad valorem.

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 David Curran at 212-466-5680.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division