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NY F89857

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July 25, 2000

CLA-2-95:RR:NC:2:224 F89857

CATEGORY: CLASSIFICATION

TARIFF NO.: 9306.90.0040; 9304.00.2000; 9304.00.4000

William M. Glanton
Jaycor Tactical Systems
1410 Spring Hill Road, Suite 300
McLean VA 22102

RE: The tariff classification of powder-filled projectiles and compressed air launchers.

Dear Mr. Glanton:

In your letter dated July 11, 2000, you requested a tariff classification ruling on non-lethal powder filled projectiles and compressed air launchers.

The projectiles are 0.68-inch diameter frangible plastic balls filled with an irritant substance identical to the active oleoresin capsicum (OC) ingredient found in the self-defense “pepper” sprays. The kinetics of a fired projectile together with the release of irritant pepper upon impact is designed to secure the compliance of an unruly suspect. These projectiles are composed essentially of powder/liquid and plastic and contain no pyrotechnics, explosives or propellants. The powdered or liquid OC projectiles are accurately delivered on targets up to distances of 30 feet using compressed air pistol and rifle launchers. The impact force is rated less than or equal to 9.9 foot pounds. As the projectiles impact and break apart, the resulting OC powder or liquid vapor cloud envelops the eyes and enters the breathing passages. There are also projectiles composed of plastic balls containing inert powder and inert liquid used for training purposes.

The applicable subheading for the powder filled projectiles will be 9306.90.0040, Harmonized Tariff Schedule of the United States (HTSUS), the provision for ***cartridges and other ammunition and projectiles***other***other ammunition and projectiles. The rate of duty will be free.

The powder filled projectiles are delivered by pistol or rifle launchers that use compressed air or CO² as the delivery mechanism. You describe the launchers as unmodified commercial off the shelf systems that are also commercially sold to the paintball recreational market.

The applicable subheading for the launcher systems depends on the configuration. The applicable subheading for a rifle launcher will be subheading 9304.00.2000, HTSUS, which provides for other arms (for example, spring, air or gas guns and pistols, truncheons)***rifles. The duty rate is 3.9 percent ad valorem. The subheading for pistols will be 9304.00.4000, HTSUS, which provides for other arms (for example, spring, air or gas guns and pistols, truncheons)***other. The rate of duty is free.

This ruling is being issued under the provisions of Section 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

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See also:

• Tariff No.: 9304.00.20 - Rifles that eject missiles by release of compressed air or gas, or by the release of a spring mechanism or rubber held under tension
• Tariff No.: 9304.00.40 - Pistols & other guns (o/than rifles) that eject missiles by release of comp. air or gas, a spring mechanism or rubber held under tension
• Tariff No.: 9306.90.00 - Bombs, grenades, torpedoes, mines, missiles and similar munitions of war and pts thereof; other ammunition projectiles & pts. thereof