CLA-2-90:OT:RR:NC:N4:405
Corie Koropatnicki
GHY USA, Inc.
572 South Fifth Street
Pembina, ND 58271
RE: The tariff classification of Improvised Explosive Device trainers from Canada.
Dear Ms. Koropatnicki:
In your letter dated April 1, 2011, on behalf of Setcan/Shocknife Corporation, you requested a tariff classification ruling. No samples were provided.
The merchandise at issue consists of a pair of improvised explosive device (IED) trainers, a Flash Bang trainer, and a radio frequency detonator. The articles are all intended for sale to law enforcement, security agencies, and the military for training purposes.
The BFX 60mm Small Pipe Bomb Trainer, Delay Detonate (SPBT DD) is designed to resemble an IED one might encounter in an actual threat environment. The article resembles a commonly available PVC pipe assembly with two end caps. It measures 6 inches by 3 inches, and weighs 1.65 pounds. A CO2 cartridge is loaded into the core assembly and is punctured when the end cap is depressed. The gas expelled from the CO2 cartridge ruptures a small plastic cup at the end of the IED, creating a loud report (120 decibels) simulating a detonation.
The BFX 76mm Large Pipe Bomb Trainer, Electric (LPBT E) is designed to resemble an IED. The article resembles a commonly available iron pipe assembly with two end caps. It measures 16.5 inches by 4 inches, and weighs 12 pounds. Like the SPBT DD, detonation is simulated when a CO2 cartridge is punctured, rupturing a small plastic cup. However, unlike the SPBT DD, the LPBT E initiates the detonation electrically. The electrical signal to detonate can be initiated via radio signal.
Both the SPBT DD and the LPBT E are reusable. Only the CO2 cartridges and the plastic cups need to be replaced. The plastic cups can be filled with corn starch or powder to provide a visual signature after detonation. The BFX Flash Bang Trainer (FBT) resembles a standard flash bang grenade commonly used by law enforcement agencies and the military. The FBT operates in the same manner as a standard flash bang grenade, with a pull pin, spoon, and hammer assembly. When a user pulls the pin and releases the spoon, a CO2 cartridge is punctured and a high density polyethylene shell within the FBT is ruptured, simulating detonation. The resulting audible report measures up to 125 decibels. Like the SPBT DD and the LPBT E, the FBT can be filled with powder to provide a visual signature after detonation. The FBT is reusable.
The BFX Radio Frequency Detonator (RF DET) is a 2 channel RF remote control that can be used to remotely detonate the LPBT E. The RF DET consists of a key fob remote and a receiver that is mounted to the LPBT E. When a user depresses a button on the key fob, a signal is sent that “detonates” the LPBT E. The RF DET has a range of 100 meters and can be used both indoors and outside. The RF DET is sold separately from the LPBT E.
The IED and flash bang simulators described above are clearly intended for demonstrational and training purposes. The articles resemble dangerous hazards and/or tools that military and law enforcement personnel may encounter and handle in the field. They are cosmetically identical to actual IEDs and flash bangs, and serve to allow personnel to familiarize themselves with the risks and techniques involved in handling these articles. In this respect the IED and flash bang simulators are similar to the explosive simulants covered in New York Ruling Letter N020892, dated January 4, 2008, which were designed to train TSA agents in the identification of explosive materials.
The IED and flash bang simulators are unsuitable for any use other than training and demonstration, and as a result would be classified in Heading 9023, HTSUS. The BFX Radio Frequency Detonator, which is sold separately from the Large Pipe Bomb Trainer, Electric, is excluded from classification in Chapter 90 due to its Note 2(a), which states that parts and accessories which are goods included in any of the headings of Chapters 84, 85, 91, or elsewhere in Chapter 90 (with three exceptions that do not apply in this instance) are in all cases to be classified in their respective headings. The applicable subheading for the 60mm Small Pipe Bomb Trainer, Delay Detonate, 76mm Large Pipe Bomb Trainer, Electric, and the Flash Bang Trainer will be 9023.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for instruments, apparatus and models, designed for demonstrational purposes (for example, in education or exhibitions), unsuitable for other uses, and parts and accessories thereof. The rate of duty will be free.
The applicable subheading for the Radio Frequency Detonator will be 8526.92.0000, HTSUS, which provides for Radar apparatus, radio navigational aid apparatus and radio remote control apparatus: Other: Radio remote control apparatus. The rate of duty will be 4.9% 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 J. Sheridan at (646) 733-3012.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division