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NY H89262

March 6, 2002

CLA-2-36:RR:NC:SP:237 H89262

CATCATEGORY: Classification

TARIFF NO.: 3603.00.6000

Mr. Steve Kessler
P.O. Box 3111
Burbank, California 91508

RE: The tariff classification of percussion primers, musket caps and percussion caps from France.

Dear Mr. Kessler:

In your fax dated February 27, 2002 you requested a tariff classification ruling on percussion primers, musket caps and percussion caps.

The products are described as 1. percussion primers for rifle, pistol and shotgun cartridges; 2. musket caps for muzzle-loading rifles; and 3. percussion caps for muzzle-loading pistols and revolvers.

Explanatory Note 36.03(B)(1), Harmonized Tariff Schedule of the United States (HTSUS), is relevant to your merchandise and provides: Percussion caps (percussion primers) consist of a small container, generally metallic, usually containing a mixture based on lead trinitroresorcinate (styphnate) with the addition of tetrazene and various oxidising and reducing agents; charges of this explosive mixture usually weigh between 10 and 200 mg. These caps are intended for fixing in the bases of cartridge cases and are used to ignite propellent powder. Subheading 3603.00.6000, HTSUS, provides for percussion caps.

The applicable subheading for the percussion primers, musket caps and percussion caps will be 3603.00.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for percussion caps. The rate of duty is 4.2 percent ad valorem.

Regarding your question on detonating caps, please note Explanatory Note 36.03(B)(3), HTSUS, which provides: Detonating caps (detonators) consist of a small charge of primary explosive plus a charge of, e.g., pentrite, hexogen or tetryl, in a tube of metal or plastics under a protective capsule. They are used for igniting prepared explosives other than propellent powders and are generally fired by the flame from the safety fuse which leads into them. Subheading 3603.00.9000, HTSUS, provides for detonating caps, igniters or electric detonators.

This merchandise may be subject to the requirements of the Toxic Substances Control Act administered by the U.S. Environmental Protection Agency. You may contact them at 402 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404.

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 this ruling, contact National Import Specialist Frank Cantone at 646-733-3038.


Robert B. Swierupski

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