CLA-2-93:S:N:N3:119 806342
Mr. Jack D. Mlawski
Galvin & Mlawski
425 Park Avenue - 29th Floor
New York, NY 10022-3506
RE: The tariff classification of part of a personal protection
device from China
Dear Mr. Mlawski:
In your letter dated January 25, 1995, you requested a tariff
classification ruling on behalf of Zelco Industries, Inc., Mt. Vernon, NY.
The merchandise to be imported is part of a personal protection device
marketed under the name "StingRay". In its complete form, the article
consists of a plastic body 4 inches high containing a pressurized pepper
irritant cartridge and batteries. There is a small flashlight at the top
and directly under it an opening from which the pepper spray is ejected .
A key ring and a wrist strap are attached to the plastic body.
The device is activated by a two-part safety switch consisting of a
flap and an orange spray button. The flap prevents any accidental
depression of the orange button. When the flap is lifted the flashlight
goes on and the spray button can be depressed. As imported, the article
will not contain the pepper irritant cartridge or the batteries.
The applicable subheading for the protective device part will be
9305.90.6000, Harmonized Tariff Schedule of the United States (HTS), which
provides for parts and accessories of other arms. The rate of duty will be
5.1 percent.
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 should be attached to the entry documents
filed at the time this merchandise is imported. If the documents have
been filed without a copy, this ruling should be brought to the attention
of the Customs officer handling the transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport