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NY 884939

May 10, 1993

CLA-2-90:S:N:N3:114 884939


TARIFF NO.: 9005.80.4020

Mr. J. Grossfeld
Commodities Assistance Corp.
131-02 40th Road
Flushing, New York 11354

RE: The tariff classification of Night Vision Monoculars from Russia

Dear Mr. Grossfeld:

In your letter dated April 1, 1993 you requested a tariff classification ruling.

The night vision scope is the model H3T-4, Cyclop-4 monocular. It is an electronic-optical device for observing remote objects at night time. The magnification is approximately 2 power and it operates using illumination from the moon and stars. The night vision scope operates at the infrared wavelength range of 920 to 980 nanometers and in the visible wavelength range of 780 to 880 nanometers. The night scope is designed to be hand held; it does not attach to a rifle or tripod.

The applicable subheading for the night vision monocular will be 9005.80.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for monoculars: optical telescopes, for use with infrared light. The rate of duty will be 8 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

For your information, night vision devices may require a license from the Bureau of Alcohol, Tobacco, and Firearms. You should contact the Director, Bureau of Alcohol, Tobacco and Firearms, Washington, D.C. 20226, Attention: Firearms and Explosives Imports Branch, to determine if a license is required. In addition, any article not specifically named in the U. S. Munitions List, which has military applicability, may require a license. The decision on whether any article may be included in this category is made by the Director, Office of Munitions Control, Department of State.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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