CLA-2-36:OT:RR:NC:N2:237
Mr. Matthew J. Lancaster
EADS North America, Inc.
1616 North Fort Myer Drive
Suite 1600
Arlington, VA 22209
RE: The tariff classification of smoke cartridge magazine from Germany.
Dear Mr. Lancaster:
In your letter dated October 6, 2010, on behalf of EADS North America, Inc., you requested a tariff classification ruling. You provided a Technical Data manual and a Material Safety Data sheet. You did not submit a sample.
The smoke cartridge magazine designated type DM29 is made of glass fiber reinforced plastic and consists of a rectangular mounting plate with integrated closed cups for accommodation of three cylindrical smoke cartridges. Each smoke cartridge consists of a pressed smoke charge and a pertinent ignition set. The ignition set is ignited by a bridge igniter. Each smoke cartridge is covered by a lid with four small-diameter smoke outlet openings. The smoke outlets are covered by thin self-adhesive aluminum foils to protect the cartridges from getting damp. These protective foils will burn up by the heat produced immediately after activation of the smoke cartridges. The smoke cartridges will be individually activated by means of electric ignition pulses provided via the smoke cartridge magazine connector.
The smoke cartridge magazine provides visual signal augmentation of aerial targets intended for missile and gunnery training with weapon systems using visual acquisition and tracking methods. The smoke cartridge magazine must be installed in the aerial target which is provided separately. When the smoke cartridge is activated, it provides a dense black colored smoke trail; the smoke makes the target drone easier to target, track and recovery.
The smoke cartridge magazines will be delivered in packaging units of eight magazines with each unit consisting of two sub packaging units of four magazines. Each sub unit is packed in a Styrofoam box; the units will be shrink-packed together in a polyethylene bag and delivered in a crinkled, cardboard box.
In your letter, you suggest classification under subheading 8803.90.9015, HTSUS, for other parts of communication satellites for use in civil aircrafts (for use by the Department of Defense or the United States Coast Guard). The suggested heading covers parts of the goods falling in heading 88.01 (balloons and dirigibles; hang gliders and other non-powered aircraft) or 88.02 (other aircraft, ex. helicopters, airplanes). The smoke cartridge magazine does not meet the requirements for 88.03, parts for items classifiable under headings 88.01 and 88.02; the article is intended to be installed in an aerial target. The aerial target does not meet the description of an aircraft as per headings 88.01 or 88.02, HTSUS.
The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) constitute the official interpretation of the HTSUS. While not legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings at the international level. See T.D. 89-80, 54 Fed. Reg. 35127 (Aug. 23, 1989). The EN to Chapter 3604 (2) (b) is applicable to your product and provides: This heading covers pyrotechnic articles capable of producing luminous, acoustic, gaseous, smoke producing or incendiary effects, including: devices for agricultural or industrial use, such as anti-hail rockets, anti-hail cartridges, agricultural smoke-producers, thunder-flashes to scare animals, and smoke-producing devices to test for leaks in pipelines.
The applicable subheading for the smoke cartridge magazine type DM29 will be 3604.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fireworks, signaling flares, rain rockets, fog signals and other pyrotechnic articles: other: other: other. The rate of duty will be 3.5%, ad valorem.
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 applies to the tariff classification of your merchandise and not its admissibility under the terms of Consumer Product Safety Commission (CPSC) standards and regulations. Your merchandise may be subject to prohibition and recall under the laws and regulations administered by the CPSC. You are advised to contact the CPSC to determine if your merchandise complies with pertinent safety standards and regulations. Import compliance information may be obtained by contacting the Office of Compliance, Consumer Product Safety Commission, 4330 East West Highway, Bethesda MD 20814-4408, by calling (301) 504-7912 or by e-mail contact through their website at www.cpsc.gov.
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 Frank Cantone at (646) 733-3038.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division