CLA-2-95:RR:NC:2:224 C83105
Joyce Ray
Norman G. Jensen, Inc.
P.O. Box 146
Sweetgrass, MT 59484
RE: The tariff classification of a Tube Charge Holder from Canada.
Dear Ms. Ray:
In your letter dated December 18, 1997, you requested a tariff
classification ruling on behalf of Lasertech.
The imported article consists of a tube-like device called a
charge holder which is a specialized component of a perforating gun.
The charge holder is basically a long tube, up to 20 feet in length,
with holes cut out of it. The design of the tube and the placement
of the holes are made to exact specifications. The tube charge holder
is fitted with directional, sealed, powdered charges and then
combined with a perforating gun. The perforating gun is placed in
an oil well and detonated, blowing holes in the casing and rock
strata.
In Customs ruling C82398 dated December 22, 1997, we ruled on a
steel gun barrel of the same class or kind as the instant charge
holder. That gun barrel was used as a component of a perforating
gun, a device fitted with shaped charges or bullets and lowered to
the desired depth in a well and fired to create penetrating holes
in underground casing, cement and formations. In C82398, we noted
that the Explanatory Notes of the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA) state in paragraph 93.03 that
"...[this heading] includes some devices which are not weapons but
which operate by the firing of an explosive charge."
The Perforating Gun, in which the imported tube charge holder is a
component, would be classified in subheading 9303.90.8000, HTSUSA,
which provides for other firearms and similar devices which operate
by the firing of an explosive charge. The applicable subheading
for the actual imported component, the gun's tube charge holder, will
be 9305.90.4000, HTSUSA, which provides for parts and acessories of
articles of headings 9301 to 9304; Other; Of articles of heading
9303 other than shotguns or rifles. The duty rate will be 0.7
percent ad valorem.
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 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 Tom McKenna at
(212)466-5475
Sincerely,
Robert Swierupski
Director
National Commodity
Specialist Division