CLA-2 CO:R:C:M 088704 AJS
Mr. Arcelio V. Gerardo
Traffic Supervisor
Tasco
P.O. Box 520080
Miami, Florida 33152-0080
RE: Reconsideration HQ 087590; Telescopic sights for rifles and
air rifles; Subheading 9304.00; Heading 9303; Subheading
9013.10.10.
Dear Mr. Gerardo:
This is in reply to your letter of February 6, 1991,
requesting that we review ruling letter HQ 087590 (11/09/90).
FACTS:
The article in question is the Rimfire series telescopic
sight, model RF4X15. It is designed to be used with .22 caliber
rifles and air rifles for target shooting or small game hunting.
The sight is also not designed for use with infrared light.
ISSUE:
Whether the subject telescopic sight is properly
classifiable within subheading 9013.10.10, Harmonized Tariff
Schedule of the United States Annotated (HTSUSA), which provides
for telescopic sights for rifles which are not designed for use
with infrared light; or classifiable within subheading
9013.10.40, HTSUSA, which provides for other telescopic sights
for fitting to arms.
LAW AND ANALYSIS:
An air rifle is described as "a rifle using compressed air
or gas to propel a pellet or B-B from its barrel". C. Mueller &
-2-
J. Olson, Small Arms Lexicon and Concise Encyclopedia, (1968).
See also Webster's II New Riverside University Dictionary (1984).
This description supports the meaning of the term "rifle" as used
in the text of the HTSUSA. Heading 9303, HTSUSA, describes
rifles which operate by the firing of an explosive charge. While
subheading 9304.00, HTSUSA, provides for rifles which eject
missiles by the release of compressed air or gas. Accordingly,
it is our view that the term rifle as used within subheading
9013.10.10, HTSUSA, encompasses both rifles which operate by the
firing of an explosive charge and ones which operate by
compressed air or gas. Therefore, a telescopic sight used with
.22 caliber rifles and air rifles is properly classifiable as a
sight for rifles.
HOLDING:
The subject telescopic sight is properly classifiable within
subheading 9013.10.10, HTSUSA, which provides for telescopic
sights for rifles which are not designed for use with infrared
light. HQ 087590 (11/09/90) is affirmed.
Sincerely,
John Durant, Director
Commercial Rulings Division