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NY J89319




October 17, 2003

CLA-2-85:RR:NC:1:112 J89319

CATEGORY: CLASSIFICATION

TARIFF NO.: 8531.80.00

Mr. Mark J. Smith
Pende, Inc.
4120 South 500 West
Salt Lake City, UT 84123

RE: The tariff classification of a signaling device from China

Dear Mr. Smith:

In your letter dated September 18, 2003 you requested a tariff classification ruling.

As indicated by the submitted sample and information, the signaling device, identified as the “PawTalk”, is designed to provide a visual and audible signal to pet owners. It consists of a plastic housing with a spring activated cover portion and is intended as a training device for pets. The goal is to teach the pet to tap on the cover when it wants to go outdoors. Once this is done, the cover portion activates a battery operated buzzer and LED so that the owner becomes aware of the pet’s desire.

The applicable subheading for the “PawTalk” will be 8531.80.00, Harmonized Tariff Schedule of the United States (HTS), which provides for other electric sound or visual signaling apparatus. The rate of duty will be 1.3 percent ad valorem.

You propose classification under subheading 8512.30.00, HTS. This subheading provides for electrical lighting or signaling equipment of a kind used for cycles or motor vehicles. Since the “PawTalk” is not used in conjunction with cycles or motor vehicles, this subheading is precluded.

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 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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