CLA-2-93:OT:RR:NC:2:235
Mr. Troy Clarke
CBT International Inc.
249 East Ocean Blvd., Suite 650
Long Beach, CA 90802
RE: The tariff classification of an M5-J Airsoft Rifle and its components from China
Dear Mr. Clarke:
In your letter dated February 11, 2011, you requested a tariff classification ruling. A sample of the instant product was received and is being returned to you as requested.
The subject product is a battery operated Airsoft gun in the configuration of a Rifle (Model # M5-J). It has a collapsible, adjustable rear stock. The M5-J Tactical Rifle is an Airsoft Electronic Gun (AEG). The AEG operates in both semi-automatic and automatic firing modes. Included in the package with the M5-J AEG are a magazine for the ammunition, a small pack of 200 plastic 6 millimeter BB’s, and a slotted plastic rod used to clean the inside of the barrel of the gun. It ejects 6mm plastic BB’s via an electric charge generated by a battery pack. The battery pack and charger were not included with the sample received and it will be considered as if the battery packs are being sold separately. Per our telephone conversation with your office, the batteries and charger are not imported with the AEG and are not subject to this ruling. They are imported packed and ready for retail sale. Therefore, the M5-J AEG and its components as imported constitute a set for classification purposes. Please note that if the components are to be repacked prior to sale, then this ruling will not apply. In that scenario all components will need to be classified separately.
The sample of the M5-J Rifle we received has a bright orange tip which also functions as a “silencer”. The entire tip can be removed quickly and easily by removing a slotted nut and eyelet on the end of the barrel of the gun. Regulations pertaining to the “Special Marking” that you referred to in your letter can be found in 15 CFR Part 1150. The pertinent regulations state in part that imitation or look alike firearms must contain:
A blaze orange (Federal Standard 595a, February, 1987, color number 12199,
issued by the General Services Administration) or orange color brighter than
that specified by the federal standard color number, solid plug permanently
affixed to the muzzle end of the barrel as an integral part of the entire device
and recessed no more than 6 millimeters from the muzzle end of the barrel.
(Emphasis added)
To determine if the orange tipped “silencer” is in compliance with current regulations you should submit a written request, and a sample of the AEG to The U.S. Department of Commerce at:
Department of Commerce Office of the Deputy Chief Counsel
National Institute of Standards and Technology
100 Bureau Drive, Stop 1052 Room A-530,
Gaithersburg, MD 20899-1052
The applicable subheading for the M5-J Tactical Rifle described above will be 9304.00.2000, Harmonized Tariff Schedule of the United States (HTSUS), 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: Rifles." The general rate of duty will be 3.9 % ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
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 Paul Hodgkiss at (646) 733-3046.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division