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June 25, 1999

CLA-2-95:RR:NC:2:224 E83384

CATEGORY: CLASSIFICATION

TARIFF NO.: 9304.00.2000

Joel L. Brand
4526 Florida St - #13
San Diego CA 92116

RE: The tariff classification of air guns from Japan.

Dear Mr. Brand:

In your letter of June 11, 1999, you requested a tariff classification ruling.

The subject merchandise consists of battery-operated air guns configured to realistically imitate known firearms. Product information sheets for a certain manufacturer’s Electric Gun Series, which include specifications for air guns in the configuration of an AK 47 model, a Colt M16, the FA-MAS, the Heckler & Koch MP5 SD6 and SD5 as well as the A5 and A4, and the Steyr AUG models, indicate that all of the imitation firearms fire a 6mm diameter plastic BB bullet up to 60 meters distant. The pellets these weapons fire have a muzzle velocity of 200 to 250 feet per second, a velocity similar to the fired projectile of a paint ball weapon.

Based on the information you have supplied, the applicable subheading for the weapons illustrated in the descriptive sheets will be 9304.00.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for AOther arms (for example, spring, air or gas guns and pistols, truncheons), excluding those of heading 9307: Pistols, rifles and other guns which eject missiles by release of compressed air or gas, or by the release of a spring mechanism or rubber held under tension: rifles.@ The rate of duty is 3.9 percent ad valorem.

The subject weapons in the configuration of imitation firearms should be marked in conformance with the regulations dealing with imitation firearms. See Title 15 of the United States Code, sections 5001 and 1150 (15 U.S.C. §5001 and §1150).

For information on the technical or legal admissibility aspects of imported firearms, you should contact the Bureau of Alcohol, Tobacco and Firearms, Firearms Technology Branch, 650 Massachusetts Avenue, NW, Room 6450, Washington, DC 20226.

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 Tom McKenna at (212) 637-7015.

Sincerely,

Robert B. Swierupski Director, National Commodity Specialist Division


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