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NY G84861




December 7, 2000

CLA-2-93:RR:NC:2:224 G84861

CATEGORY: CLASSIFICATION

TARIFF NO.: 9304.00.4000

Steve Homer
SSH Enterprises, LLC
15607 Cannion Falls
Tomball, TX 77375

RE: The tariff classification of gas and spring operated pistols from Taiwan.

Dear Mr. Homer:

In your letter dated November 12, 2000, you requested a tariff classification ruling.

The articles in question are pistols designed to shoot 6mm paintballs and BB’s. There are five spring-powered pistols and five gas-powered pistols that are the subjects of this ruling request. The five spring- powered pistols are designed to simulate various models of semi-automatic pistols, such as the Glock 17 or the Sig Sauer P226. Each of the spring- powered pistols must be cocked between each shot, and each holds up to 12 BB’s/Paintballs. The spring-powered pistols weigh 12 ounces (KA-13HK) or 13 ounces (KA-12HK, KA-15K, KA-17HK and KA-14TK).

The five gas-powered pistols are configured to simulate both a 357 revolver pistol ((KG-61HK) and semi-automatic pistols, such as the Glock 17 and the Walther P99, as well as other models of semi-automatic pistols. Each of the gas-powered pistols has an internal pressure tank that is filled with compressed gas. The gas allows each of the five guns to shoot semi- automatically, and in the case of the KG-61HK pistol fully-automatically, as well. The gas-powered pistols are varied weights and lengths, and can each hold varied numbers of BB’s/Paintballs ranging from a low of 13 BB’s/Paintballs (KG-171HK) to a high of 24 BB’s/Paintballs (KG-61HK). The five item numbers of the gas-powered pistols are as follows: KG-61HK, KG-11HK, KG-221HK, KG-251HK and KG-171HK.

The applicable subheading for the five models of spring-powered pistols and five models of gas-powered pistols will be 9304.00.4000, 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 free.

Regarding the proper country of origin markings, we recommend that you contact a U.S. Customs officer at the intended port(s) of importation to confirm that your pistol markings will satisfy the country of origin marking provisions of Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), and the country of origin marking requirements of Part 134 of the Customs Regulations (19 CFR Part 134). You should also be aware of the U.S. Department of Commerce regulations pertaining to the marking requirements for look-alike and imitation firearms found in Part 1150 of the Commerce and Foreign Trade Regulations (15 CFR Part 1150).

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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