The tariff classification of an Electric Shock Device fromTaiwan

NY 812801 August 9, 1995 CLA-2-93:S:N:N3:119 812801 CATEGORY: Classification TARIFF NO.: 9304.00.6000 Mr. Robert E. Heinsman Jasman Innovations 446 S. Anaheim Hills Rd., Suite 144 Anaheim Hills, CA 92807 RE: The tariff classification of an Electric Shock Device from Taiwan Dear Mr. Heinsman: In your letter dated July 17, 1995, you requested a tariff classification ruling. The article to be imported is a rechargeable battery operated self- defense weapon that can inflict a high voltage electrical shock on an attacker. This type of weapon is commonly referred to as a "stungun". The sample you furnished consists of the weapon itself and a plastic holder with electrical contacts, and attached electrical cord and connector. The weapon holder is designed to be mounted on a vehicle dashboard and plugged into its 12 volt electrical system. The weapon fits snugly into the holder and is recharged through its built-in electrical contacts. This weapon is to be marketed under the name "Electro-Guardian". You are of the opinion that the merchandise should be classified as an automobile accessory. However the "Electro-Guardian" is a composite article whose essential character is imparted by the electric shock device which is a weapon, and as such is more specifically provided for under the provision for other arms. The applicable subheading for the electric shock device and holder (Electro-Guardian" will be 9304.00.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other arms (for example, spring, air or gas guns and pistols, truncheons)... other. The rate of duty will be 5.7 percent. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. The sample is being returned to your office as requested. Sincerely, Jean F. Maguire Area Director New York Seaport