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

Mr. Marin Tanase
Canadian Technology Systems (CTS)
75, Blvd de Montagne, Office 129
Boucherville, J4B6Y4, Canada

RE: The tariff classification of The Lance® Disrupter System from Canada

Dear Mr. Tanase:

In your letter dated April 27, 2010, you requested a tariff classification ruling.

The instant product, The Lance® Disrupter System, is described as a water jet disrupter system. It is stated to be used by the military, police, and various other law enforcement agencies to counter improvised explosive devices, detonation of unexploded ordinances and other “demining” operations. Your request letter indicates that the system uses blank cartridges to propel water or other specialized projectiles against a designated target. The pictures you provided of the cartridges resemble cartridges similar to those used in various other firearms.

The system as imported includes the following: Lance® Disruptor, Electromechanical Breech, Shock Breech, Stand with zero convergence aiming and recoil absorbing system, open break nozzle, restricted break nozzle, initiator, bore laser alignment tool, utility bottles containing either water or gel powder, 30 cartridges, 1 multi-purpose rod (used for loading, preloading, cleaning, ejecting), water cap package, wire containing wheel, kit with spare parts, and field strip tools for rapid repair. The system comes in a backpack which has specialized compartments to hold the various components of the system.

Specification sheets received with the ruling request state that the instant product is a single shot firearm. The documents state that the system utilizes water or steel slug, or a frangible projectile, housed in a 12 GA X 3 1/3” cartridge. Please be aware additional requirements may be imposed on this product by the Bureau of Alcohol, Tobacco and Firearms (BATF). You may contact the BATF at:

Bureau of Alcohol, Tobacco, Firearms and Explosives Office of Public and Governmental Affairs 99 New York Avenue, NE, Room 5S 144 Washington, DC 20226 USA

We suggest contacting the above referenced agency to determine if this product, or variations of this product, may be subject to additional restrictions.

The applicable subheading for The Lance® disrupter system will be 9303.90.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other firearms and similar devices which operate by the firing of an explosive charge (for example, sporting shotguns and rifles, muzzle-loading firearms, Very pistols and other devices designed to project only signal flares, pistols and revolvers for firing blank ammunition, captive-bolt humane killers, line-throwing guns): Other: Other.” The rate of duty will be free.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in this ruling request. It is contingent upon the described merchandise being imported packed ready for retail sale.

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