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NY F82778





February 14, 2000

CLA-2-93:RR:NC:2:224 F82778

CATEGORY: CLASSIFICATION

TARIFF NO.: 9304.00.6000

Pacific Sports
Randy Kobashikawa
91-590 Farrington Hwy.
Room 210
Kapolei, HI 96707

RE: The tariff classification of spear guns from Italy, Greece, France and Spain.

Dear Mr. Kobashikawa:

In your letter dated February 2, 2000, you requested a tariff classification ruling.

You are requesting the tariff classification on spear guns. You have enclosed illustrations of three different types of spear guns. The first type is called the Axion, the second type is identified as the Axion Masterclass and the third type is the Ogress. The Axion spear gun is constructed of an anodized aluminum tube and a stainless steel spear. The Axion Masterclass has the same diameter for the anodized aluminum tube and about the same size stainless steel spear but the spear has a pyramidal point. The Ogress spear gun is described as a traditional spear gun constructed of an anodized aluminum tube with a slide for the spear and a “high resistance” nylon handle.

The applicable subheading for the spear guns will be 9304.00.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other 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: Other.” The rate of duty will be 5.7 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 Tom McKenna at 212-637-7015.

Sincerely,

Robert B. Swierupski
Director,

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