CLA-2-90:S:N:N1:114 863728
Mr. Stephen J. Leahy
Leahy & Ward
63 Commercial Wharf
Boston, Massachusetts 02110
RE: The tariff classification of Riflescope Components (Main
Tube; Hinge Tube; and Reverse System or Image Correction System)
from Austria.
Dear Mr. Leahy:
In your letter dated May 3, 1991, you requested a tariff
classification ruling on behalf of Swarovski Optik North America,
Cranston, Rhode Island.
The items for which you request classifications are
components for Swarovski Optik's Habicht Nova-A Riflescopes. The
components are the following: 1) Main Tube (Part No. 608-0201A);
2) Hinge Tube (Part No. 608-0261); 3) Reverse System or Image
Correction System (Part No. 335-08520). You note in your letter
that the various components will not be imported on the same
conveyance, and therefore, the provisions of GRI 2 concerning
merchandise imported unassembled or disassembled will not be an
issue. Samples of the three items, as well as a catalog, were
submitted. The samples are being returned to you, as you
requested.
The Main Tube, No. 608-0201A, which is the main body of the
riflescope, is of metal, and is of heavy-duty construction. It
is manufactured to the point of being dedicated to use as a
riflescope. While it is possible for the main tube to be used in
a low-powered telescope, the design of the tube and its heavy-
duty construction make it suitable for use as a riflescope,
given the rapid movement and recoil in a rifle during firing.
The Hinge Tube, No. 608-0261, is entirely metal, and does
not contain lenses. The tube is designed to be combined with a
reverse or image correction system. The reverse or image
correction system is a set of two lenses permanently mounted in a
frame. The reverse system is inserted into
the hinge tube and, once installed, can be rotated approximately
180 degrees within the hinge tube. The hinge tube will be
imported without the reverse system. The hinge tube with the
reverse system installed is used in a variety of optical
products, including optical telescopes and telescopic rifle
sights. It is also used in other applications, including small
workshop microscopes and telescopic riflescopes.
The Reverse System or Image Correction System, No. 335-
08520, consists of a set of lenses permanently mounted in a tube.
The article has a variety of applications, including use in
optical telescopes and in telescopic rifle sights. In addition,
it can serve as the objective lens in small workshop type
microscopes. This unit is a four-lens assembly with lock rings
and space rings. These rings keep the lenses aligned. By
turning the reverse system within the hinge tube, the
magnification is changed, as the distance between the lenses in
the reverse system changes. The hinge tube with the reverse
system is inserted into the main tube and locked in place with a
type of lock nut.
The applicable subheading for the Main Tube, No. 608-0201A,
will be 9013.90.2000, Harmonized Tariff Schedule of the United
States (HTS), which provides for parts and accessories of
telescopic sights for rifles. The rate of duty will be 20
percent ad valorem.
The applicable subheading for the Hinge Tube, No. 608-0261,
will be 9033.00.0000, Harmonized Tariff Schedule of the United
States (HTS), which provides for parts and accessories (not
specified or included elsewhere in this chapter) for machines,
appliances, instruments or apparatus of chapter 90. The rate of
duty will be 4.9 percent ad valorem. This classification is
based on the information that you have provided, in which you
indicate that the hinge tube is used in riflescopes, telescopes,
and workshop microscopes.
The applicable subheading for the Reverse System or Image
Correction System, No. 335-08520, will be 9002.19.0000,
Harmonized Tariff Schedule of the United States (HTS), which
provides for other objective lenses and parts and accessories
thereof. The rate of duty will be 6.6 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 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