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NY L84342




April 28, 2005

CLA-2-93:RR:NC:2:224 L84342

CATEGORY: CLASSIFICATION

TARIFF NO.: 9306.10.0000

RE: The tariff classification of power booster cartridges from various countries.

Dear Ms. Wallett:

In your letter dated March 28, 2005, you requested a tariff classification ruling.

The subject power boosters are said to be used in the Burndy WEJTAP™ fired-on wedge connector systems, a tap connection system for electric utility applications. The booster cartridge is of a rim-fire design, contains standard black powder propellant and employs a brass power cell contained within a plastic piston and encased within a nylon cartridge. The booster provides the force necessary to propel wedge connectors at a powder-actuated high velocity into direct contact with conductors forming a stable connection. The WEJTAP™ power boosters ruled upon in this decision are catalog numbers WPBR–BOX25 Red WEJTAP™ Booster Cartridge; WPBB-BOX25 Blue WEJTAP™ Booster Cartridge; and the WPBY-BOX25 Yellow WEJTAP™ Booster Cartridge.

The provisions in heading 9306 of the Harmonized Tariff Schedules of the United States (HTS) for cartridges designate a group of articles eo nomine, by name. In the absence of a contrary legislative intent, judicial decision, or administrative practice, such provisions include all forms of the named article, even power device cartridges, cartridges put up for use in certain working tools.

Consequently, the applicable subheading for the WEJTAP™ power booster cartridges will be 9306.10.0000, HTS, which provides for “Bombs, grenades, torpedoes, mines, missiles and similar munitions of war and parts thereof; cartridges and other ammunition and projectiles and parts thereof, including shot and cartridge wads: Cartridges for riveting or similar tools or for captive-bolt humane killers and parts thereof.” 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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