CLA-2-93:OT:RR:NC:N1:103
Tia Sandberg
TLR - Total Logistics Resource, Inc.
555 SE Martin Luther King Jr. Boulevard, Suite 105 Portland, OR 97214
RE: The tariff classification of dry fire training equipment from China
Dear Ms. Sandberg:
In your letter dated June 5, 2023, you requested a tariff classification ruling on behalf of your client, Blue Ops Ltd.
The item under consideration is referred to as the BlueOps Basic Pack for double-stack Glock, which consists of a xLSR red laser training bullet, a xLSR Extraction tool, two xMAG magazines, and two xMAG extenders packaged together for retail sale in an EVA case. The items in the set are designed specifically for use in a dry-fire training platform. The xLSR red laser training bullet consists of a laser encased in a 9mm brass cartridge with a maximum laser output power of 4.0 mW at 650 nm. The xMAG magazine is described as a training device shaped like a regular pistol magazine. Its main components include a trigger LED, limiting mechanism, PCBA, sensors, battery, and micro switches. During dry-fire training, the xLSR and xMAG are inserted into a pistol. When a shooter pulls the trigger, the xMAG projects a LED light onto a light sensor within the xLSR causing it to fire a laser pulse. In addition, the magazine provides haptic feedback and collects various data points, which can be sent to the BlueOps mobile application via Bluetooth. You explain the xLSR must be paired with the xMAG, whereas a shooter can use the xMAG on its own to conduct magazine reload training or auto-reset trigger training.
General Rule of Interpretation (“GRI”) 1, Harmonized Tariff Schedule of the United States (“HTSUS”), states in part that for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes, and unless otherwise required, according to the remaining GRIs taken in order. Goods that are, prima facie, classifiable under two or more headings are classifiable in accordance with GRI 3, HTSUS. GRI 3(a) states in part that when two or more headings each refer to part only of the items in a set put up for retail sale, those headings are to be regarded as equally specific, even if one heading gives a more precise description of the goods.
The BlueOps Basic Pack for double-stack Glock is a set that consists of at least two different articles that are, prima facie, classifiable in different headings. It consists of articles put up together to carry out a specific activity (i.e., dry-firing training). Finally, the articles are put up in a manner suitable for sale directly to users without repacking. Therefore, the subject set is within the term "goods put up in sets for retail sale." GRI 3(b) states in part that goods put up in sets for retail sale, which cannot be classified by reference to GRI 3(a), are to be classified as if they consisted of the component which gives them their essential character. In our view, the xMAG magazine imparts the essential character of the retail set.
The applicable subheading for the BlueOps Basic Pack for double-stack Glock will be 9305.10.2080, HTSUS, which provides for “Parts and accessories of articles of headings 9301 to 9304: Of revolvers or pistols: Of heading 9302: Other.” The rate of duty will be 4.2 percent ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 9305.10.2080, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 9305.10.2080, HTSUS, listed above.
The HTSUS is subject to periodic amendment, so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.
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 at https://hts.usitc.gov/current
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Paul Huang at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division