CLA-2-93:OT:RR:NC:2:235
Mr. Bill Molyneaux
Imex Model Company, Inc.
15391 Flight Path Drive
Brooksville, FL 34604
RE: The tariff classification of an airsoft BB pistol and an airsoft BB shotgun from China
Dear Mr. Molyneaux:
In your letter dated December 22, 2010, you requested a tariff classification ruling.
Two samples were submitted with your ruling request. The samples you submitted are being returned to you with our reply.
Both of these airsoft BB guns operate through the action of a spring which is engaged by sliding a mechanism on the gun to prime the gun ready to be fired. The first sample consists of an airsoft gun resembling a pistol. The model number indicated in the product literature is G.1. It is packaged in a small box along with a small pack of 6 mm plastic BB’s. The pistol’s shell is made of a zinc alloy and measures approximately 5 ½ inches in length. When imported together in the presented retail packaging, the BB’s and the pistol will be considered as a set for classification purposes.
The second sample of the airsoft BB shotgun is packaged in a rectangular box which measures approximately 33 inches long by 9 inches wide by 3 inches deep. It is a replica of a pump action shotgun and the model number indicated in the product literature is M58A. It is packaged with a small pack of 6 mm plastic BB’s, a speed loader, and a tactical sling. The speed loader and the tactical sling help facilitate the use of the shotgun. Also included with the shotgun is a thin flexible cleaning tool. The tool has a slotted end which allows the user to attach a cleaning cloth. The slotted end of the tool is inserted in the barrel of the gun to facilitate maintenance of the shotgun and to remove debris or BB’s that may be stuck in the barrel. Your literature also states the shotgun possesses a “hop up” mechanism. The purpose of the hop up switch is to create a rotational spin on the projectile to enhance the distance and accuracy of the airsoft BB shotgun. The BB shotgun is stated to have a firing velocity of 400 Feet Per Second (FPS). When the BB shotgun is imported together with the indicated components they will be considered as a set for classification purposes.
The applicable subheading for both models of the airsoft BB guns listed above will be 9304.00.4000, 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: Pistols, rifles and other guns which eject missiles by release of compressed air or gas, or by the release of a spring mechanism or rubber held under tension: Other.” The rate of duty will be free.
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/.
You stated in your letter that “all of the guns possess the required orange tips and safety
warnings.” We have noted that the sample received does indeed have a blaze orange tip attached to the barrel of the gun.
Accordingly, The U.S. Department of Commerce regulations pertaining to import requirements for "look-alike" and "imitation" firearms can be found in Part 1150 of the Commerce and Foreign Trade Regulations (15 CFR 1150). For information regarding compliance with the above regulations, please contact the Department of Commerce at the following address: Department of Commerce Office of the Deputy Chief Counsel - National Institute of Standards and Technology 100 Bureau Drive, Stop 1052 Room A-530, Gaithersburg, MD 20899-1052.
In addition, please not that in your letter, you also included with your request package several pages of other types of handguns. If you wish to have binding rulings issued for these products, please submit an actual ruling request for each of the products in question.
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