CLA-2-76:OT:RR:NC:N1:164
Karl White
Marvin Engineering Co., Inc.
261 W. Beach Ave
Inglewood, CA 90302
RE: The tariff classification of a captive air training dummy missile body from the United Kingdom
Dear Mr. White:
In your letter dated June 23, 2025, you requested a tariff classification ruling regarding a captive air training
dummy missile body from the United Kingdom. You submitted technical information with your request and
in subsequent correspondence.
The item under consideration is described as a dummy missile body for training purposes. You state that after
importation it will be used to test and validate the mechanical strength requirements of a missile launcher.
Furthermore, you clarify that during testing, the item will not be cut open, displayed, demonstrated, or
discussed beyond the aforementioned testing process. At importation, the dummy missile body will not
contain a warhead, rocket motor, electronics, measuring devices, or mechanical apparatus. In addition, you
confirmed the dummy missile’s body is not identical to the fully functional and complete version of the
missile due to differences in design, structure, and therefore functionality. Consequently, the dummy missile
body cannot be used as, or converted into, a part of a live, fully functional missile. Finally, you confirmed the
dummy missile body consists of 60 percent aluminum and 40 percent steel by weight.
In your letter, you suggest the applicable subheading for the captive air training dummy missile body to 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. We disagree. The dummy missile body, as
imported, can have numerous different applications and is not limited to solely demonstrational purposes.
Moreover, the dummy missile body is not a scale model or cross section to show different components in an
educational environment. Instead, the suggested application is to run a qualification test for a missile launcher
to validate its mechanical strength requirements. This is just one example of an application that would be
outside the scope of heading 9023, HTSUS. Accordingly, heading 9023, HTSUS, is excluded from
consideration.
Alternatively, you suggest classification in subheading 9306.90.0080, HTSUS, which provides for Bombs,
grenades, torpedoes, mines, missiles and similar munitions of war and parts thereof; cartridges and other
ammunition and projectiles and parts thereof, including shot and cartridgewads: Other: Parts for bombs,
grenades, torpedoes, mines and similar munitions of war; parts of other ammunition and projectiles. We
disagree. Based on your submission, the dummy missile body is totally inert and completely absent of all
functional missile components including, but not limited to, a warhead, a rocket motor, electronics,
measuring devices, and mechanical apparatus. Additionally, you confirmed that the dummy missile body is
not identical to the fully functional, complete version due to structural differences which make it impossible
for it to function as a part of a missile. Since the dummy missile body is neither a missile, a part of a missile,
nor of the class or kind of merchandise provided for in heading 9306, HTSUS, classification in heading 9306
is precluded.
Section XV Note 7 of the HTSUS states that the classification of composite articles of base metal containing
two or more base metals are to be treated as articles of the base metal that predominates by weight over each
of the other metals. Based on the information provided, the metal in this composite article that predominates
by weight is aluminum. Therefore, the captive air training dummy missile body will be classified in heading
7616, HTSUS, which provides for other articles of aluminum.
The applicable subheading for the captive air training dummy missile body will be 7616.99.5190, HTSUS,
which provides for Other articles of aluminum: Other: Other: Other: Other: Other: Other. The general rate of
duty will be 2.5 percent ad valorem.
On March 12, 2025, Presidential proclamation 10895 imposed additional tariffs on certain derivative
aluminum products. Additional duties of 25 percent for derivative aluminum products of the United
Kingdom are reflected in Chapter 99, headings 9903.85.13, 9903.85.14, and 9903.88.15. Products provided
by heading 9903.85.15, as well as products of Chapter 76 provided by 9903.85.13 and 9903.85.14, will be
subject to a duty of 25 percent upon the value of the aluminum content. At the time of entry, you must report
the Chapter 99 heading applicable to your product classification, i.e. 9903.85.14, in addition to subheading
7616.99.5190, HTSUS. Derivative aluminum articles processed in another country from aluminum articles
that were smelted and cast in the United States, provided for in heading 9903.85.09, are not subject to the
additional ad valorem duties.
Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.” All imported merchandise must
be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the
Chapter 99 provisions covering exceptions to the reciprocal tariffs. At this time products from all countries
will be subject to an additional 10 percent ad valorem rate of duty. For products covered by heading
9903.85.14, this additional duty applies to the non-aluminum content of the merchandise. At the time of
entry, you must report the Chapter 99 heading applicable to your product classification, i.e. 9903.01.25, in
addition to subheading 7616.99.5190, HTSUS, listed above.
The tariffs and additional duties cited above are current as of this ruling’s issuance. 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 at https://hts.usitc.gov/.
The holding set forth above applies only to the specific factual situation and merchandise description as
identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations
(C.F.R.), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the
information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and
complete in every material respect. In the event that the facts are modified in any way, or if the goods do not
conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and
Border Protection (CBP) and submit a request for a new ruling in accordance with 19 C.F.R. 177.2.
Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic
verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection
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, please contact
National Import Specialist Paul Taylor at [email protected].
Sincerely,
(for)
James Forkan
Acting Director
National Commodity Specialist Division