CLA-2-95:OT:RR:NC:N4:424
Mr. Andreas Wilhelmsen
Nordic Clays ApS
Sankt Peders Straede 45B, 2
Copenhagen K, 1453
Denmark
RE: The tariff classification of the “TrapMaster” clay thrower and clay magazine from China; and clay pigeon targets from Denmark
Dear Mr. Wilhelmsen:
In your letter submitted July 24, 2023, you requested a tariff classification ruling. Photographs and a description of the “TrapMaster” clay thrower, a clay magazine, and “Bio Clays” pigeon targets, all of which are commonly used in skeet shooting, were received with your inquiry.
The first item under consideration is identified as the “TrapMaster.” The device is described as a handheld, battery-powered, clay pigeon thrower, that is used to practice one’s clay shooting skills. It weighs 2 kg and comes complete with a battery, shoulder strap, a protective case, a universal charger, and a car charger. Its dimensions are approximately 22 cm (L) x 13.3 cm (W) x 21 cm (H). The product features 9 firing speed options, making the product suitable for use by a novice shooter as well as an experienced one.
The second item under review is a cylindrical canister, referred to as a clay pigeon target magazine. It is composed of steel and can hold 50 clay pigeons. The dimensions of the item are approximately 36.5 cm (L) x 12.2 cm (W) x 12.2 cm (H). The product is lightweight and includes a shoulder strap for portability, which also enables the shooter to move about freely and reload targets without having to bend over to retrieve the clays from their original packaging.
The third item under consideration is a box containing 196 “Bio Clays” clay pigeon targets. Each “Bio Clay” is composed of biodegradable material which does not have to be picked up, as the remains of the used clay pigeons will dissolve in nature. The diameter of each “Bio Clay” pigeon is 11 cm, the thickness is 0.6 cm, and the weight is 5.5 kg. The clay pigeons are light and flexible, easy to see in flight, and will splinter clearly when hit.
You suggest classification of all three items under subheading 9506.99.6080, Harmonized Tariff Schedule of the United States, (HTSUS). We disagree in part.
The applicable subheading for the “TrapMaster” clay thrower and the clay magazine will be 9506.99.6080, HTSUS, which provides for "Articles and equipment for general physical exercise, gymnastics, athletics, other sports…or outdoor games…; swimming pools and wading pools; parts and accessories thereof: Other: Other: Other…Other." The rate of duty will be 4% ad valorem.
The applicable subheading for the “Bio Clays” clay pigeon targets will be 9506.99.3500, HTSUS, which provides for "Articles and equipment for general physical exercise, gymnastics, athletics, other sports (including table tennis) or outdoor games…Other: Skeet targets." The rate of duty will be free.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 9506.99.6080, 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 9506.99.6080, 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 Roseanne Murphy at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division