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NY L81797




January 18, 2005

CLA-2-39:RR:NC:SP:221 L81797

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.7500

Ms. Raeann Laratro
Natural Science Industries, Ltd.
105 Price Parkway
Farmingdale, NY 11735

RE: The tariff classification of inflatable safety signs from China.

Dear Ms. Laratro:

In your letter dated December 23, 2004, you requested a tariff classification ruling.

Four empty retail cartons with pictures and product information were provided with your letter. The four inflatable safety signs are all composed of plastic sheeting. The inflatable cone safety sign (#7111) is in the form of an orange traffic cone. The inflatable hand safety sign (#7112) is in the form of a red colored hand raised in the universal symbol for “Stop.” The inflatable street guard safety sign (#7113) is in the form of a uniformed traffic officer holding up a three sided caution sign. The inflatable driveway safety sign (#7114) is in the form of two orange traffic cones with a caution sign spread between them. These objects are for use in driveways or next to streets where children play, alerting motorists to the presence of children. Each inflatable also includes a built-in water chamber to keep the object firmly in place. All are printed “Caution Kids At Play!” The inflatable cone safety sign, the inflatable hand safety sign and the inflatable street guard safety sign all stand over 3 ½ feet in height. The inflatable driveway safety sign is over 2 feet in height and 4 feet in width.

You suggest classification in subheading 4911.99.8000, Harmonized Tariff Schedule of the United States (HTS), as printed matter. However, the large sizes, bright colors and symbolic shapes of the products, rather than the printing, are the primary features that alert motorists. The inflatable devices function as much as barriers as they do as signs. In these styles, the function performed by the printed caution advice is incidental to the functions performed by the inflatable plastic warning devices.

The applicable subheading for the inflatable plastic safety signs will be 3926.90.7500, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plasticspneumatic mattresses and other inflatable articles, not elsewhere specified or included. The rate of duty will be 4.2 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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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