CLA-2-90:S:N:N3:114 884939
Mr. J. Grossfeld
Commodities Assistance Corp.
131-02 40th Road
Flushing, New York 11354
RE: The tariff classification of Night Vision Monoculars from
Russia
Dear Mr. Grossfeld:
In your letter dated April 1, 1993 you requested a tariff
classification ruling.
The night vision scope is the model H3T-4, Cyclop-4 monocular.
It is an electronic-optical device for observing remote objects at
night time. The magnification is approximately 2 power and it
operates using illumination from the moon and stars. The night
vision scope operates at the infrared wavelength range of 920 to
980 nanometers and in the visible wavelength range of 780 to 880
nanometers. The night scope is designed to be hand held; it does
not attach to a rifle or tripod.
The applicable subheading for the night vision monocular will
be 9005.80.4020, Harmonized Tariff Schedule of the United States
(HTS), which provides for monoculars: optical telescopes, for use
with infrared light. The rate of duty will be 8 percent ad
valorem.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
For your information, night vision devices may require a
license from the Bureau of Alcohol, Tobacco, and Firearms. You
should contact the Director, Bureau of Alcohol, Tobacco and
Firearms, Washington, D.C. 20226, Attention: Firearms and
Explosives Imports Branch, to determine if a license is required.
In addition, any article not specifically named in the U. S.
Munitions List, which has military applicability, may require a
license. The decision on whether any article may be included in
this category is made by the Director, Office of Munitions Control,
Department of State.
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