HQ 952869: Safety Lights; Battery Packs; Explanatory Note 85.31(C); 8512 Dear Mr. La Conte:

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 952869
                        November 30, 1992


CLA-2 CO:R:C:M 952869 DWS

CATEGORY: Classification

TARIFF No.: 8506.19.00; 8531.80.00

Mr. M. Chris La Conte
A.N. Deringer, Inc.
15 River Street
Calais, ME 04619

RE: Safety Lights; Battery Packs; Explanatory Note 85.31(C);
    8512
    
Dear Mr. La Conte:

     This is in response to your letter of October 2, 1992, to
the Area Director of Customs, New York Seaport, on behalf of
Baytech, Inc., concerning the classification of safety lights and
battery packs under the Harmonized Tariff Schedule of the United
States (HTSUS).  Your letter has been referred to Headquarters
for a reply.

FACTS:

     The merchandise consists of battery powered safety lights
and their battery packs.  The safety lights are high intensity,
pulsating lights attached to machinery or equipment in order to
warn operators and other personnel when the machinery or
equipment is in operation.  It is our understanding that the
lights are principally used in the mining industry, attached to
equipment used to carry miners in and out of mines and to pull
carts to various locations within a mine.

ISSUE:

     What is the proper classification of the subject safety
light and battery pack under the HTSUS? 

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUS is in
accordance with the General Rules of Interpretation (GRI's),
taken in order.  GRI 1 provides that classification is determined
according to the terms of the headings and any relative section
or chapter notes.

     It is our position that the safety light is classifiable
under heading 8531, HTSUS, which provides for: "[e]lectric sound
or visual signaling apparatus (for example, bells, sirens,
indicator panels, burglar or fire alarms), other than those of
headings 8512 or 8530; parts thereof."

     In understanding the language of the HTSUS, the Harmonized
Commodity Description and Coding System Explanatory Notes may be
utilized.  The Explanatory Notes, although not dispositive, are
to be used to determine the proper interpretation of the HTSUS. 
Explanatory Note 85.31(C) (p. 1381) states:

     [t]he heading includes, inter alia:

     (C) Other electrical signalling apparatus (winking or
         intermittent lights, etc.) for aircraft, ships, trains  
         or other vehicles (other than for cycles or motor       
         vehicles heading 85.12), but not radio or radar         
         apparatus of heading 85.26.

     It has been suggested that the safety light is classifiable
under heading 8512, HTSUS, which provides for: "[e]lectrical
lighting or signaling equipment (excluding articles of heading
8539), windshield wipers, defrosters and demisters, of a kind
used for cycles or motor vehicles; parts thereof."  However, it
is our position that the safety lights are precluded from
classification under heading 8512, HTSUS, because the equipment
to which the light is attached is not a motor vehicle for the
purposes of that heading.

     Therefore, because it is our position that the safety light
is described under heading 8531, HTSUS, it is classifiable under
subheading 8531.80.00, HTSUS, which provides for: "[o]ther
apparatus."

     The subject battery pack is classifiable under subheading
8506.19.00, HTSUS, which provides for: "[p]rimary cells and
primary batteries having an external volume not exceeding 300
cm3: [o]ther."

HOLDING:

     The safety light is classifiable under subheading
8531.80.00, HTSUS.  The general, column one rate of duty is 2.7
percent ad valorem.  The battery pack is classifiable under
subheading 8506.19.00, HTSUS.  The general, colum one rate of
duty is 5.3 percent ad valorem.

     Goods classifiable under subheadings 8531.80.00, HTSUS, and
8506.19.00, HTSUS, which have originated in the territory of
Canada, will respectively be entitled to a 0.5 percent and 3.1
percent ad valorem rate of duty under the United States-Canada
Free-Trade Agreement upon compliance with all applicable
regulations.

                           Sincerely,



                           John Durant, Director
                           Commercial Rulings Division