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NY 806342




February 21, 1995

CLA-2-93:S:N:N3:119 806342

CATEGORY: CLASSIFICATION

TARIFF NO.: 9305.90.6000

Mr. Jack D. Mlawski
Galvin & Mlawski
425 Park Avenue - 29th Floor
New York, NY 10022-3506

RE: The tariff classification of part of a personal protection device from China

Dear Mr. Mlawski:

In your letter dated January 25, 1995, you requested a tariff classification ruling on behalf of Zelco Industries, Inc., Mt. Vernon, NY.

The merchandise to be imported is part of a personal protection device marketed under the name "StingRay". In its complete form, the article consists of a plastic body 4 inches high containing a pressurized pepper irritant cartridge and batteries. There is a small flashlight at the top and directly under it an opening from which the pepper spray is ejected . A key ring and a wrist strap are attached to the plastic body.

The device is activated by a two-part safety switch consisting of a flap and an orange spray button. The flap prevents any accidental depression of the orange button. When the flap is lifted the flashlight goes on and the spray button can be depressed. As imported, the article will not contain the pepper irritant cartridge or the batteries.

The applicable subheading for the protective device part will be 9305.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for parts and accessories of other arms. The rate of duty will be 5.1 percent.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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