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NY B82016




March 6, 1997

CLA-2-84:RR:NC:1:103 B82016

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.89.9598

Mr. Ray Hebert
Rockeffects Can Inc.
PO Box 668
Cap Pele, New Brunswick, E0A 1J0 Canada

RE: The tariff classification of paper launchers from Canada

Dear Mr. Hebert:

In your letter dated February 3, 1997 you requested a tariff classification ruling.

Wand, Celebration, and Component Automatic Launchers are intended for use at parties, concerts, and similar events. They are designed to project colorful tissue paper streamers and confetti into the air in order to produce effects similar to fireworks without a flame. The Wand Launcher basically consists of a plastic tube 18 inches in length, a brass trigger with a pull string, and a small disposable cylinder containing 8 grams of carbon dioxide gas. The streamer or confetti is tamped into the barrel by means of a packing rod, and the gas cylinder is screwed into the launcher's trigger. The launcher is then aimed into the air in the desired direction and the pull string is manually pulled, causing the trigger to puncture the cylinder. The gas is thus released into the barrel, propelling the paper streamer or confetti out. The Wand Launcher is capable of firing a streamer up to 35 feet and confetti up to 25 feet.

The Celebration Launcher is similar in design and operation to the Wand model, but utilizes a barrel 32 inches in length and a cylinder containing 16 grams of carbon dioxide. It is capable of projecting a streamer up to 45 feet and confetti up to 25 feet.

The Component Automatic Launcher features a 40 inch barrel. The barrel is packed in the same fashion as the other models, and then it is connected to a separate automatic box. A 16 gram carbon dioxide cylinder is screwed into the automatic box, puncturing the cylinder and allowing the gas into a holding chamber. The launcher is triggered by an electric current, which causes an internal solenoid switch to open a valve and release the gas into the barrel. Depending on the nature of the paper product, this model can fire a load up to 50 feet.

The applicable subheading for the Wand, Celebration and Component Automatic Launchers will be 8479.89.9598, Harmonized Tariff Schedule of the United States (HTS), which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere...: other machines and mechanical appliances: other: other: other: other. The rate of duty will be 3 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 Alan Horowitz at 212-466-5494.

Sincerely,

Robert B. Swierupski
Chief, Metals and Machinery Branch

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