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March 5, 1999

CLA-2-95:RR:NC:2:224 D88652

CATEGORY: CLASSIFICATION

TARIFF NO.: 9304.00.6000

William J. Jones
Otter Cove Enterprises
129 Walnut Court LA Station 1200
Waleska GA 30183

RE: The tariff classification of a personal defense spray from Korea.

Dear Mr. Jones:

In your letter of February 25, 1999, you requested a tariff classification ruling.

The article is described as a personal defense spray. It consists of a replaceable gas cartridge which contains an eye and skin irritant under pressure. The chemical ingredients of the magazine are HC-134 hydrocarbon (propellant) and Oleoresin Capsicum (derived from the Cayenne pepper plant). Some states require the use of CS gas (2-chlorobenzalmalononitrile) in lieu of the Oleoresin Capsicum. The active ingredient would be 18% CS liquid gas. The personal defense spray, or “pepper spray” as it is commonly referred to, is designed in the likeness of a cosmetic or accessory lipstick case. An interchangeable key lock on the cartridge allows attachment to an existing key chain as well as to a belt loop or necklace.

The applicable subheading for a personal defense spray of this configuration and purpose will be 9304.00.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other arms (for example, spring, air or gas guns and pistols, truncheons), other. The duty rate will be 5.7 percent ad valorem.

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 Tom McKenna at (212) 637-7015.

Sincerely,

Robert B. Swierupski Director, National Commodity Specialist Division


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