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NY K81319




December 1, 2003
CLA-2-93:RR:NC:2:224 K81319

CATEGORY: CLASSIFICATION

TARIFF NO.: 9304.00.4000

Mr. Russell Andersson
275 Hawthorne Avenue
Suite 202
Palo Alto, CA 94022

RE: The tariff classification of spear guns from China

Dear Mr. Andersson:

In your letter dated November 12, 2003, you requested a tariff classification ruling.

You are requesting the tariff classification on an item that is described as a spear gun that will be used for catching fish. The handle of the spear gun will be constructed of glass fiber, the spears will be made of sprung steel, and the barrels will be aluminum. The spear is fired by stretched neoprene rubber bands. The gun is considered a pistol because it will be held and fired with one hand. You have included a picture of the product that is called the Rob Allen Rail Gun.

The applicable subheading for the spear gun (the Rob Allen Rail Gun) 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 646-733-3025.

Sincerely,

Robert B. Swierupski
Director,

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