Stungun; Disassembled; Unassembled; Parts; Assembly Operation; Kits; GRI 2(a); NY Ruling 870113, Revoked; Printed Circuit; Carrying Strap; Subheading 9304.00.60

HQ 951065 February 21, 1992 CLA-2 CO:R:C:M 951065 CMS CATEGORY: Classification TARIFF NO.: 9305.90.60, 4901.10.00 6307.90.94, 3919.90.50 7318.15.60 Mr. Hyungho Lee, President Summit International Co. 5378-A Buford Hwy., Ste. 201 Atlanta, GA 30340 RE: Stungun; Disassembled; Unassembled; Parts; Assembly Operation; Kits; GRI 2(a); NY Ruling 870113, Revoked; Printed Circuit; Carrying Strap; Subheading 9304.00.60 Dear Mr. Lee: This in response to your request dated January 22, 1992, for the reconsideration of NY Ruling 870113 (January 15, 1992). FACTS: The merchandise consists of components of "stunguns". The stunguns are battery operated devices used to inflict an electric shock on a person or animal. The components under consideration are described as "Printed Circuit Board", "Polyform Tray", "Injection Plastic Case", "Pamphlet (Brochure)", "Hand Ribbon", "Individual Box", "Plate (Name)" and "Screw". ISSUE: Is the merchandise classified as complete stunguns in Heading 9304, or are the components classified separately? LAW AND ANALYSIS: From the information furnished in the request for NY Ruling 870113 (January 15, 1992), the merchandise was described as an unassembled stungun. The merchandise was classified in NY Ruling 870113 as a complete stungun in subheading 9304.00.60, Harmonized Tariff Schedule of the United States (HTSUS). -2- From information submitted to Customs subsequent to the issuance of NY Ruling 870113, however, it is clear that the merchandise is not an unassembled stungun, but instead consists of thousands of components shipped in bulk for assembly in the United States. A recent shipment consisted of (1) several cartons containing a total of 2,000 printed circuit boards, (2) several cartons containing a total of 2,000 polyform trays, (3) several cartons containing a total of 2,000 injection plastic cases, 1,000 brochures and 2,000 hand ribbon carrying straps, (4) several cartons containing a total of 2,000 plastic individual boxes and (5) one carton containing a total of 10,000 name plates and 10,000 screws. The number of articles and the types of articles vary from shipment to shipment. In HQ Ruling 081999 (December 10, 1990), we determined whether components packaged separately in bulk and entered for assembly in the United States were classified as unassembled goods pursuant to General Rule of Interpretation (GRI) 2(a). We found that goods which were not recognized as unassembled goods imported as "kits", but which were packaged in bulk for an assembly operation were not classified as unassembled goods. We held that the components were classified separately under the appropriate headings of the HTSUS. The components under consideration as entered are not recognized as unassembled stunguns but are entered in bulk for an assembly operation in the United States. The components should be classified separately. The "Printed Circuit Board" is not a mere printed circuit of the type described by Heading 8534, but is mounted with diodes, transistors and other electronic components in a configuration which dedicates it for use as the circuit board of a stungun. (Complete stunguns are similar to the goods used by police described in the Harmonized Commodity Description and Coding System Explanatory Notes to Heading 9304, p. 1570). The "Printed Circuit Board" is classified as parts of the articles of Heading 9304, other, other, other, in subheading 9305.90.60, HTSUS. The "Polyform Tray" is a plastic component designed to support the circuit board. The "Injection Plastic Case" is a plastic article which forms part of the external housing of a stungun. The "Individual Box" is a plastic article which forms -3- the bulk of the external housing of a stungun. These components are classified as parts of the articles of Heading 9304, other, other, other, in subheading 9305.90.60, HTSUS. The "Pamphlet (Brochure)" is a single sheet paper instruction brochure and is classified as brochures, other, other, in subheading 4901.10.00, HTSUS. The "Hand Ribbon" is a nylon carrying strap attached to a metal clip. The strap can be used with many types of goods and does not belong to a class or kind of goods solely or principally used with stunguns. The value of the nylon component is approximately three times the value of the clip, and the nylon is the component which a person actually holds when carrying a stungun or other good. The "Hand Ribbon" is a made up article which primarily consists of a textile product (nylon). Heading 6307 describes other made up articles. The Explanatory Notes to Heading 6307, p. 868, provide that the Heading covers articles of any textile material including "...webbing carrier straps and similar articles..." (emphasis added). The Explanatory Notes to Heading 6307, p. 868, also describe articles which incorporate a component other than a textile product (e.g., "[f]ans and hand screens, with textile mounts (leaves) and frames of any material" (emphasis added)). The "Hand Ribbon" is classified as other made up articles, other, other, other, in subheading 6307.90.94, HTSUS. The "Plate (Name)" is a plastic adhesive strip for displaying the logo of the product or certain technical information (e.g., voltage). Heading 3919 in part describes self-adhesive strips of plastics. The Explanatory Notes to Heading 3919, p. 571, provide that the Heading covers "...articles printed with motifs, characters or pictorial representations, which are not merely incidental to the primary use of the goods...". The "Plate (Name)" is classified as self-adhesive strips of plastics, other, other, in subheading 3919.90.50, HTSUS. The "Screw" is an iron or steel screw 8mm in length having a shank or thread 3mm in diameter. The "Screw" is classified as screws, threaded articles, other screws, other, having shanks or threads with a diameter of less than 6mm, in subheading 7318.15.60, HTSUS. Based on product information furnished subsequent to the issuance of NY Ruling 870113 (January 15, 1992), NY Ruling 870113 is revoked pursuant to section 177.9(d)(1), Customs Regulations (19 CFR 177.9(d)(1)). -4- HOLDING: The "Printed Circuit Board", "Polyform Tray", "Injection Plastic Case" and "Individual Box" are classified as parts of articles of Heading 9304, other, other, other, in subheading 9305.90.60, HTSUS, subject to a current Column 1 rate of duty of 5.7%, ad valorem. The "Pamphlet (Brochure)" is classified as brochures, in single sheets, in subheading 4901.10.00, HTSUS, subject to a current Column 1 free rate of duty. The "Hand Ribbon" is classified as other made up articles, other, other, other, in subheading 6307.90.94, HTSUS, subject to a current Column 1 rate of duty of 7%, ad valorem. The "Plate (Name)" is classified as self-adhesive strips of plastics, other, other, in subheading 3919.90.50, HTSUS, subject to a current Column 1 rate of duty of 5.8%, ad valorem. The "Screw" is classified as screws, threaded articles, other screws, other, having shanks or threads with a diameter of less than 6mm, in subheading 7318.15.60, HTSUS, subject to a current Column 1 rate of duty of 6.2%, ad valorem. Based on product information furnished subsequent to the issuance of NY Ruling 870113 (January 15, 1992), NY Ruling 870113 is revoked pursuant to section 177.9(d)(1), Customs Regulations (19 CFR 177.9(d)(2)). Sincerely, John Durant, Director Commercial Rulings Division