CLA-2 CO:R:C:M 951065 CMS
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).
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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
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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)).
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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