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NY J85038




June 13, 2003

CLA-2-90:RR:NC:N1:105 J85038

CATEGORY: CLASSIFICATION

TARIFF NO.: 9020.00.6000

Ms. Mariela Flood
Unity Customs Brokers
11099 South LaCienega Blvd., Suite 276
Los Angeles, CA 90045

RE: The tariff classification of a R1 gas mask from Russia

Dear Ms. Flood:

In your letter dated May 27, 2003, for Mad Dog Wholesale, you requested a tariff classification ruling.

The sample has a rubbery main shape that will cover all of the wearer’s head. There are two, round, glass or plastic “windows” in metal framing so the wearer can see out. In the front, there is a round metal area which has a valve to let exhaled air out and a metal female screw connector. The separate metal canister with a filtration material inside has male threads to attach it to the connector. A textile carry bag is included.

With the appropriate filtering material in the canister, the mask could be used as a protection against a noxious gas.

22 Code of Federal Regulations (Foreign Relations), Part 121 (United States Munitions List), Category XIV-c includes equipment for defense against chemical agents. Your import may be subject to an import permit requirement per 19 CFR 145.53 regarding the importation of munitions of war and related items. In particular, your importation may require for release from Customs the presentation of properly filled out Forms 6 and 6a from the Bureau of Alcohol, Tobacco and Firearms. If you have any questions concerning the ATF Forms, you should contact them directly at 202-927-8320.

The applicable subheading for the sample will be 9020.00.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” breathing appliances and gas masks. The rate of duty will be 2.5 percent ad valorem.

The sample is being returned to you in a separate mailing.

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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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