CLA-2-93:RR:NC:2:224 G80132

George L. Villanueva
R. W. Smith & Co., Inc.
P.O. Box 2729
New Orleans, LA 70176

RE: The tariff classification of the “Capa” Anti-Bird Strike Cartridge from France.

Dear Mr. Villanueva:

In your letter dated July 21, 2000, you requested a tariff classification ruling, on behalf of Reed-Joseph International Co., your client.

You are requesting the tariff classification on an item that is referred in your ruling request as the “Capa” Anti-Bird Strike Cartridge. The cartridge is intended for use in the vicinity of airport runways to frighten birds that may disturb aircraft takeoffs and landings. The cartridge is launched from a four-caliber pistol, using a 4.5 percussion primer. The cartridge is 91mm long and has a 19.2 mm diameter, and all the components that make up the cartridge (with the exception of the primer) are plastic in construction as a safety measure for aircraft jet engines. Detailed illustrations are included, in lieu of a sample.

The applicable subheading for the “Capa” Anti-Bird Strike Cartridge will be 9305.10.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Parts and accessories of articles of headings 9301 to 9304: Of revolvers or pistols: Other: 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 212-637-7015.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division