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NY 808883




April 13, 1995

CLA-2-85:S:N:N1:112 808883

CATEGORY: CLASSIFICATION

TARIFF NO.: 8531.80.8050

Ms. Venitia Huffman
Radix Group International
11 Koger Center
Norfolk, VA 23502

RE: The tariff classification of the SkyScan P5 lightning detector from China.

Dear Ms. Huffman:

In your letter dated March 24, 1995, on behalf of Equity Industries Corporation, you requested a tariff classification ruling.

The item in question, a SkyScan P5 lightning detector, is a hand-held battery powered device which provides the user with passive detection and ranging of lightning/thunderstorm activity within a radius of 40 miles. This device displays detected lightning activity via a column of LED's, indicating the distance in miles. This is done by sampling the electromagnetic radiation of the lightning stroke at certain frequencies and then identifying the radiation as originating from a lightning stroke while also determining the distance to the stroke. This detector also provides for an audible warning tone for each detected lightning event. The presence of severe storms can also be detected and the device produces a distinct visual and audible warning in these instances.

The applicable subheading for the SkyScan P5 lightning detector will be 8531.80.8050, Harmonized Tariff Schedule of the United States (HTS), which provides for other electric sound or visual signaling apparatus. The rate of duty will be 2.4 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

It should be noted that the submitted sample of the SkyScan P5 was not marked with the country of origin. Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), requires that, unless excepted, every article of foreign origin imported into the United States be marked in a conspicuous place so as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire

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