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NY H82084




June 14, 2001

CLA-2-93:RR:NC:2:224 H82084

CATEGORY: CLASSIFICATION

TARIFF NO.: 9304.00.2000; 9304.00.4000

Bart Walkerdine
WPD Ltd.
Metro Triangle
221 Mount Street
Nechells Birmingham, England
B7 5QT

RE: The tariff classification of a compressed air rifle or pistol from England.

Dear Mr. Walkerdine:

In your letter dated May 30, 2001, you requested a tariff classification ruling.

You are requesting the tariff classification on a compressed air or nitrogen gun used in the sport of paintball. The compressed air or nitrogen is released by an electrical trigger/switch. The gun fires projectiles that are paintballs made from a gelatin outer material with a water-soluble liquid inside. There are two possible classifications as shown below: one covers a pistol version of the product you wish to import and the other one covers a rifle version of the product. A sample was not submitted, at this time.

The applicable subheading for the compressed air or nitrogen rifle will be 9304.00.2000, 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 release of a spring mechanism or rubber held under tension: Rifles.” The rate of duty will be 3.9 % ad valorem.

The applicable subheading for the compressed air or nitrogen pistol 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 release of a spring mechanism or rubber held under tension: Other.” The rate of duty will be free.

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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