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NY K89643

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October 7, 2004

CLA-2-93:RR:NC:2:224 K89643

CATEGORY: CLASSIFICATION

TARIFF NO.: 9305.99.5000; 3926.90.9880

Mr. William Peiffer
Able International Mfg. Group, Inc.
P.O. Box 988
Orland Park, IL 60462

RE: The tariff classification of a plastic hopper and a plastic pod from China

Dear Mr. Peiffer:

In your letter dated September 27, 2004, you requested a tariff classification ruling.

You are requesting the tariff classification on two items designed for use while engaging in paint ball games. The Hopper is made to attach to the paintball gun for the storage and loading of extra ammunition. The Pod is also used to carry ammunition, but it fits into an ammo belt, and does not attach to the paintball gun. The Hopper that attaches to a paintball gun will be classified in Chapter 93 of the HTS as an accessory to a paintball gun, while the pod that is meant for insertion into an ammo belt will be classified in Chapter 39 of the HTS as other articles of plastic.

The applicable subheading for the plastic hopper that connects to the paintball gun will be 9305.99.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for parts and accessories of articles of headings 9301 to 9304: other: of articles of subheading 9304.00.20 or 9304.00.40. The rate of duty will be 3.9%, ad valorem.

The applicable subheading for the plastic pod that goes into an ammo belt will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics and articles of other materials of headings 3901 to 3914: other...other. The rate of duty will be 5.3 %, ad valorem.

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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See also:

• Tariff No.: 3926.90.98 - Other articles of plastic, nesoi
• Tariff No.: 9304.00.20 - Rifles that eject missiles by release of compressed air or gas, or by the release of a spring mechanism or rubber held under tension
• Tariff No.: 9304.00.40 - Pistols & other guns (o/than rifles) that eject missiles by release of comp. air or gas, a spring mechanism or rubber held under tension
• Tariff No.: 9305.99.50 - Parts and accessories for articles of subheading 9304.00.20 or 9304.00.40