CLA-2-36 OT:RR:NC:N2:235

Mr. Graham Reynolds
Alacran
PO Box 3722 Radford, VA 24143

RE: The tariff classification of smokeless propellant powder from Switzerland.

Dear Mr. Reynolds:

In your letter dated February 10, 2016, you requested a tariff classification ruling. No sample was provided.

The subject merchandise is smokeless propellant powder used for small arms cartridges. The mixture consists primarily of nitrocellulose and DL-bornan-2-one.

You have suggested classification under tariff subheading 9306.30.80, HTSUS, as parts of ammunition; the Explanatory Notes (EN) to tariff heading 93.06, exclude propellant powders and prepared explosives, even if put up in forms ready for incorporation in munitions. However, EN 36.01(2)(a) specifically provides for smokeless propellant powders for firearms (other than black powder). The applicable subheading for the smokeless propellant powder will be 3601.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “propellant powders.” The general rate of duty will be 6.5%.

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).

Additional requirements may be imposed on this product by the Bureau of Alcohol, Tobacco and Firearms (ATF). You may contact the ATF at: Bureau of Alcohol, Tobacco and Firearms Explosives Industry Branch 650 Massachusetts Avenue N.W., Room 5000 Washington, D.C. 20226, Telephone number 202-927-2310 or 202-927-8163, and Bureau of Alcohol, Tobacco and Firearms Explosives Licensing Center 2600 Century Parkway N.E., Suite 400 Atlanta, Georgia 30345, Telephone number: 404-417-2750. 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/.

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 Kimberly Praino at kimberly.praino@cbp.dhs.gov.

Sincerely,

Deborah C. Marinucci
Acting Director
National Commodity Specialist Division