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NY L89837




January 27, 2006

CLA-2-93:RR:NC:2:224 L89837

CATEGORY: CLASSIFICATION

Tariff NO.: 9306.90.0080

Max Wang
Clearfreight Inc.
880 Apollo Street, Suite 101
El Segundo CA 90245

RE: The tariff classification of used ammunition from Ukraine.

Dear Mr. Wang:

In your letter dated January 10, 2006, you requested a tariff classification ruling on behalf of Tungsten Heavy Powder, Inc. of San Diego CA.

The merchandise in question is described as dismantled ammunition penetrators of tungsten alloy. A sample of a portion of the penetrator has been supplied for our review and will be returned at your request. The sample appears to be part of armor-piercing ammunition of the type composed of a kinetic penetrator and a discarding sheath that allows the inert munitions round to cut through heavy armor targets, relying on impact velocity to achieve performance. Your client claims that subsequent to importation into the U.S. the merchandise is to be processed and recycled into tungsten powder.

Ammunition, parts of ammunition and other munitions of war are provided for in heading 9306 of the Harmonized Tariff Schedule of the United States (HTSUS). In particular, the applicable subheading for the described penetrator projectile part would be 9306.90.0080, HTSUS, which provides for “Bombs, grenades, torpedoes, mines, missiles and similar munitions of war and parts thereof; cartridges and other ammunition and projectiles and parts thereofOther, Parts for bombs, grenades, torpedoes, mines and similar munitions of war; parts of other ammunition and projectiles.” The rate of duty is free.

While the subject penetrators are described as damaged and reduced to scrap in their condition as imported and no longer able to be used in any weapons application, there is no real evidence indicating the process and degree of the foreign dismantling or disposal operation and whether the dismantling process has removed this penetrator material from the definition of an ammunition projectile.

Having concluded that the tungsten penetrators constitute ammunition projectile material, lacking any certification demonstrating to our satisfaction that the proposed imported penetrator ammunition is fully deactivated, that is, the instruments have been rendered permanently inoperable as ammunition and are incapable of being modified so as to permit the ammunition being reactivated, entry into the U.S. of the subject material would not be allowed.

We suggest you contact the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Firearms and Explosives Imports Branch, 650 Massachusetts Avenue, NW, Washington, D.C. 20226, to obtain a definitive determination of whether the subject used penetrator ammunition constitutes material which is prohibited from importation or whether the material may qualify for importation contingent on your client meeting the relevant ATF licensing and documentary requirements.

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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