The tariff classification of a gas operated MJM Carbine from Taiwan

N195620 December 29, 2011 CLA-2-93:OT:RR:NC:2:235 CATEGORY: Classification TARIFF NO.: 9304.00.2000 Mr. Kevin Wentworth SGS LLC 11361 Volans St San Diego, California 92126 RE: The tariff classification of a gas operated MJM Carbine from Taiwan Dear Mr. Wentworth: In your letter mailed November 15 2011, and follow up letter dated December 12, 2011, you requested a tariff classification ruling. As indicated in your updated request letter, two separate requests and samples were sent. One was sent to Washington D.C. and one sent to our offices. The sample sent with the Washington letter will be returned to you as per your request. The sample sent to our office will be retained for reference purposes. The subject product is a gas operated air gun which fires 6 millimeter (0.23 caliber) metal projectiles. You indicate that the carbine propels the metal projectiles at approximately 450 feet per second. Upon physical examination of the MJM “Carbine”, we find that the product appears to be fashioned similar to a rifle, with a metal extension that serves as a brace. This brace or handle, can be held against the body for stability when fired. Marketing literature found for similar gas firearms indicate that the Carbine is sold and marketed as a rifle. The applicable subheading for the MJM Carbine will be 9304.00.2000, 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 release of a spring mechanism or rubber held under tension: Rifles." The rate of duty will be 3.9 % ad valorem. 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/. You also requested a determination as to if the instant product would be subject to the special marking regulations which require a blaze orange tip to be attached to the barrel of certain guns. Although it has been our experience that air guns firing 6 MM ammunition are not exempt to these requirements, the determination is based in part on muzzle velocity and firing power of the firearm. A determination of this nature must be addressed to the Department of Commerce at the address below. You indicated that you made such a request and that it was rejected. The special marking requirements required by 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. They can be reached by phone at: (301) 975-NIST (6478) 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