United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1996 HQ Rulings > HQ 958512 - HQ 958635 > HQ 958546

Previous Ruling Next Ruling
HQ 958546




FEBRUARY 5, 1996

CLA-2 RR:TC:MM 958546 JAS

CATEGORY: CLASSIFICATION

TARIFF NO.: 9306.21.00, 9306.30.40, 8479.89.95

Mr. H.B. Holsboer
Crown Aircartridge Ltd., International
P.O. Box 2139 NL - 1200 CC Hilversum
The Netherlands

RE: Aircartridge, Compressed Air Cartridge, Shell Filled With Compressed Air and a Bullet; Reloading Press, Mechanical Device for Refilling Spent Aircartridges, Machines or Mechanical Appliances

Dear Mr. Holsboer:

In a letter, dated October 10, 1995, you inquire as to the tariff classification of the Crown Aircartridge and cartridge reloading press, from Switzerland. Submitted literature also lists the RecoilRound Aircartridge for use in laser training simulators and barrel conversion kits. However, because the literature does not sufficiently describe these articles we cannot confirm their tariff status. Your earlier letter to us, dated September 5, 1995, appears to have been misdirected, and we have no record of receiving it. We regret the delay in responding to your request.

FACTS:

The components of the Aircartridge closely parallel those of a standard cartridge but the technology is based on patented reusable compressed air cartridges. The Aircartridge technology is used in rounds of various types for revolvers, pistols, rifles, shotguns, airguns, antiriot guns and special weapons systems. It provides training ammunition for policemen and members of the armed services for target practice, man-to-man and close combat training, and by sportsmen in air powered firearms. The Aircartridge consists of a shell filled with compressed air, a projectile or bullet at the mouth of the shell, and a mechanical valve at the base which acts as the primer. When the weapon's firing pin strikes the valve it releases the compressed air, thus driving the bullet or projectile out of the barrel. - 2 -

The reloading press, designated 02-08-00, is a bench-mounted appliance used to re-charge a spent Aircartridge. The cartridge is placed into a holding device on the press. Pulling a lever on the press causes the cartridge to press against a valve interface off the press, which opens the valve on the cartridge and forces compressed air from a cylinder or pump through a hose into the cartridge.

The provisions under consideration for the Aircartridge are as follows:

9306 ...cartridges and other ammunition and projectiles and parts thereof, including shot and cartridge wads:

Shotgun cartridges and parts thereof; air gun pellets:

9306.21.00 Cartridges...4 percent

9306.30 Other cartridges and parts thereof:

9306.30.40 Cartridges and empty cartridge shells ...4 percent
ISSUE:

Whether the Aircartridge utilizing compressed air as the projecting medium, is within the term cartridge for tariff purposes.

LAW AND ANALYSIS:

Merchandise is classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) in accordance With the General Rules of Interpretation (GRIs). GRI 1 states in part that for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes, and provided the headings or notes do not require otherwise, according to GRIs 2 through 6.

The provision in heading 9306 for cartridges designates a group of articles eo nomine, by name. In the absence of a contrary legislative intent, judicial decision, or administrative practice, such provisions include all forms of the named article. Thus, despite the fact the Aircartridge in issue utilizes compressed air rather than gunpowder as the propellant, it nevertheless constitutes a complete round of ammunition. For this reason, it is within the term cartridges for purposes of heading 9306.

Regarding the reloading press, heading 8479 provides for machines and mechanical appliances having individual functions, not specified or included elsewhere in [Chapter 84]. This heading is restricted to machinery having individual functions which is not excluded from Chapter 84 by a Section or Chapter legal note, is not - 3 -
covered more specifically by a heading in any other chapter of the Nomenclature, and cannot be classified in any other particular heading of Chapter 84 because no other heading covers it by function, description, type or use. For purposes of heading 8479, machines of heading 8479 have individual functions if their function can be performed distinctly from and independently of any other machine or appliance. The reloading press conforms with this description and is a machine provided for in heading 8479. HOLDING:

Under the authority of GRI 1, the Aircartridge is provided for in heading 9306. Aircartridges for shotguns are classifiable in subheading 9306.21.00, HTSUS. Aircartridges for revolvers, pistols, rifles, airguns, antiriot guns and special weapon systems are classifiable in subheading 9306.30.40, HTSUS.

The reloading press is provided for in heading 8479. It is classifiable in subheading 8479.90.85, HTSUS. The rate of duty under this provision is 3 percent ad valorem.

Sincerely,

John Durant, Director
Tariff Classification
Appeals Division

Previous Ruling Next Ruling

See also: