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NY C83105

January 16, 1998

CLA-2-95:RR:NC:2:224 C83105


TARIFF NO.: 9305.90.4000

Joyce Ray
Norman G. Jensen, Inc.
P.O. Box 146
Sweetgrass, MT 59484

RE: The tariff classification of a Tube Charge Holder from Canada.

Dear Ms. Ray:

In your letter dated December 18, 1997, you requested a tariff classification ruling on behalf of Lasertech.

The imported article consists of a tube-like device called a charge holder which is a specialized component of a perforating gun. The charge holder is basically a long tube, up to 20 feet in length, with holes cut out of it. The design of the tube and the placement of the holes are made to exact specifications. The tube charge holder is fitted with directional, sealed, powdered charges and then combined with a perforating gun. The perforating gun is placed in an oil well and detonated, blowing holes in the casing and rock strata.

In Customs ruling C82398 dated December 22, 1997, we ruled on a steel gun barrel of the same class or kind as the instant charge holder. That gun barrel was used as a component of a perforating gun, a device fitted with shaped charges or bullets and lowered to the desired depth in a well and fired to create penetrating holes in underground casing, cement and formations. In C82398, we noted that the Explanatory Notes of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) state in paragraph 93.03 that "...[this heading] includes some devices which are not weapons but which operate by the firing of an explosive charge."

The Perforating Gun, in which the imported tube charge holder is a component, would be classified in subheading 9303.90.8000, HTSUSA, which provides for other firearms and similar devices which operate by the firing of an explosive charge. The applicable subheading for the actual imported component, the gun's tube charge holder, will be 9305.90.4000, HTSUSA, which provides for parts and acessories of articles of headings 9301 to 9304; Other; Of articles of heading 9303 other than shotguns or rifles. The duty rate will be 0.7 percent ad valorem.

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

A copy of this ruling letter 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 Tom McKenna at (212)466-5475


Robert Swierupski
National Commodity

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