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NY R00795

September 16, 2004

CLA-2-85:RR:NC:1:110 R00795


TARIFF NO.: 8530.90.0000

Mr. Thomas Skrzypek
Eurotex Signal Inc.
15218 Foster Springs Ln.
Houston, TX 77095

RE: The tariff classification of LED Traffic Signals from Poland.

Dear Mr. Skrzypek:

In your letter dated September 3, 2004 you requested a tariff classification ruling.

The merchandise under consideration is LED (light emitting diodes) Traffic Signals. From the literature submitted with your ruling request, the imported merchandise is the traffic signal lamps. Each lamp is 12 inches in diameter and is identical with the exception of the color of the lens. These lamps or units follow ITE (Institute of Transportation Engineers) requirements for use in the USA.

In HQ 956348, dated May 11, 1994, Customs classified similar Traffic Signal Lamps under subheading 8530.90.00, Harmonized Tariff Schedule of the United States (HTS). In this ruling Customs determined that the lamps used in traffic signals contain components other that LEDs and other physical characteristics which are essential to its effective operation as a traffic signal lamp.

The applicable subheading for the LED Traffic Signal Lamps will be 8530.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electrical signaling, safety or traffic control equipment for railways, streetcar lines, subways, roadsparts thereof: Parts.” The general rate of duty will be free.

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.


Robert B. Swierupski

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