CLA-2-93:OT:RR:NC:2:235
Mr. Matthew Nakachi
Sandler, Travis & Rosenberg, P.A.
505 Sansome Street, Suite 1475
San Francisco, CA 94111
RE: The tariff classification of Soft Air Defender Air Gun (item/model # 39953) from China
Dear Mr. Nakachi:
In your letter dated October 19, 2010 you requested a tariff classification ruling on behalf of Soft Air USA. The sample submitted with your request is being retained by this office for reference.
The subject merchandise is a miniature air gun called the Defender. Visually, the configuration of the gun resembles a miniature machine gun. The clear plastic body of the gun is small and easily held in one hand. The second hand must pull down on a safety mechanism to allow the air gun to fire. It has a small mock scope through which the 6mm plastic BB’s are loaded. The configuration of the model in question does not resemble a rifle. Instead, the configuration and marketing material appears to indicate that it is intended to mimic a machine gun. Literature provided with the sample states that the product is not for sale to anyone under 18 years of age and that eye protection is required when using the product. Your letter states that the product incorporates a patented mechanism that assists in stabilizing the ejected BB’s called a Ballistic Accuracy Xtreme System (BAXS). Four AA batteries drive an air pump which is the main mechanism through which this air gun expels its ammunition.
The applicable subheading for the Defender will be 9304.00.4000, 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 the release of a spring mechanism or rubber held under tension: Other." The rate of duty will be free.
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/.
The sample we received with your request has a blaze orange tip attached to the barrel of the air gun as required by the Department of Commerce. The U.S. Department of Commerce regulations pertaining to import requirements for "look-alike" and "imitation" firearms can be found in Part 1150 of the Commerce and Foreign Trade Regulations (15 CFR 1150). For information regarding compliance with the above regulations, please contact the Department of Commerce at the following address: 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.
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