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NY H83567




August 3, 2001

CLA-2-93:RR:NC:2:224 H83567

CATEGORY: CLASSIFICATION

TARIFF NO.: 9304.00.4000

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

RE: The tariff classification of three gas or spring operated pistols that shoot paintballs and BB’s from Taiwan.

Dear Mr. Homer:

In your letter dated July 13, 2001, you requested a tariff classification ruling.

You are requesting the tariff classification on three models of pistols that shoot paintballs and BB’s. The first item is identified as KWC model KG-31HK: a gas powered gun. This gun has the appearance of a 1911-A1 .45 caliber revolver pistol. The gun has an internal pressure tank that is filled with compressed gas, and holds up to 14 BB’s/paintballs. The second item is identified as KWC model KA-03K: a spring powered gun similar in style to a 1911-A1 .45 caliber semi-auto pistol. The gun must be cocked between each shot, and holds up to 12 BB’s/paintballs. The third item is identified as KWC model KA-05K: a spring powered gun similar in style to a MV IV semi-auto pistol. The gun must be cocked between each shot, and holds up to 12 BB’s/paintballs. The samples will be returned, as requested.

The applicable subheading for the three pistols, model #s: KG-31HK, KA-03K and KA-05K, 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.

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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