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NY K89245





September 17, 2004

CLA-2-84:RR:NC:1:110 K89245

CATEGORY: CLASSIFICATION

TARIFF NO.: 8531.80.0050

Ms. Katherine Tu
Budge Industries, LLC
1240 S. Broad St., Suite 140
Lansdale, PA 19446

RE: The tariff classification of a flashing safety band from China.

Dear Ms. Tu:

In your letter dated August 27, 2004 you requested a tariff classification ruling.

The merchandise under consideration is an electric flashing safety band described in your request as a “Plastic Band with shining light.” A sample of this item was submitted with your ruling request and will be returned to you. This band is intended for use by pedestrians and joggers and may be worn as a wristband or ankle band. This flashing safety band measures approximately 2 inches wide and is 11 inches long with snap fasteners. It is constructed of plastic in various colors with fluorescent letters and four LED (light emitting diode) lights. The flashing lights are powered by a 3V-lithium battery and are activated by a push button switch near the fasteners.

The applicable subheading for the Plastic Band with shining light will be 8531.80.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electric sound or visual signaling apparatusOther apparatus: Other.” The general rate of duty will be 1.3 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 Eileen S. Kaplan at 646-733-3016.

Sincerely,

Robert B. Swierupski
Director,

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