CLA-2-93:OT:RR:NC:2:235

Mr. Dante F. Versaci II
Versaci group International
1471 Howard J Zimmerman Way
Pembroke Pines, FL 33026

RE: The tariff classification of an “electrical shocking device” from China

Dear Mr. Versaci II:

In your letter dated April 3, 2010, on behalf of Mr. Todd Sussman, you requested a tariff classification ruling.

The subject product is an “electrical shocking device.” You submitted pictures along with mechanical engineering drawings of the device. You also provided literature which indicates that the device is “an electrical shocking device which is useful for personal protection.” The literature describes the device as “containing circuitry and a power source disposed inside of an insulating band adapted to fit around the fingers of one hand.” You indicate that the device gives a visual and audio display of sparks as a deterrent to attack. The device is indicated as being able to impart a non-fatal jolting shock to an assailant.

The applicable subheading for the “electrical shocking device” will be 9304.00.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other arms (for example, spring, air or gas guns and pistols, truncheons), excluding those of heading 9307: Other.” The rate of duty will be 5.7 percent ad valorem.

We suggest you contact the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Firearms and Explosives Imports Branch, to obtain a determination of any laws that may be applicable to the importation and sale of the “electrical shocking device” (ATF) such as licensing and documentary requirements. ATF may be contacted at:

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Office of Public & Governmental Affairs 99 New York Avenue, NE, Room 5N 540 Washington, DC 20226 USA Phone (202) 648-8500

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling 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 Paul Hodgkiss at (646) 733-3046.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division