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NY N017825

October 12, 2007

CLA-2-90: RR: NC: 1:114


TARIFF NOS.:9013.80.9000; 9004.90.0000

Mr. Matthew K. Nakachi
Sandler, Travis & Rosenberg and Glad & Ferguson, P.C.
505 Sansome Street
Suite 1475
San Francisco, CA 94111

RE: The tariff classification of Soft Air goggles and Soft Air red dot sights from China and laser gun sights from Taiwan.

Dear Mr. Nakachi:

In your letter dated September 14, 2007, on behalf of Soft Air USA, Inc., you requested a tariff classification ruling. Samples of the goggles, red dot sights and the laser gun sights were submitted with the ruling request.

Item number 63860 is a battery operated Soft Air red dot sight. The red dot sight fits on most Soft Air guns with Weaver rails. The sight is powered by one 3V lithium battery. The sight is a two way adjustable red dot sight. The red dot sight is imported in a blister package with two batteries.

Items number 60391 and 60392 are Soft Air goggles, which are made of heavy duty polycarbonate (PC) plastic material. The goggles are used for eye protection when practicing shooting. The goggles are imported in a blister package with elastic strap.

Item number 63852 is a universal laser gun sight for Soft Air guns. The laser gun sight attaches to the front of the trigger guard, directly under the barrel. The laser gun sight is imported in a blister package with three batteries and mounting hardware.

The applicable subheading for the Soft Air red dot sights will be 9013.80.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other optical devices, appliances and instruments. The rate of duty will be 4.5 percent ad valorem.

The applicable subheading for the Soft Air goggles will be 9004.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for spectacles, goggles, and the like, corrective, protective or other; other. The rate of duty will be 2.5 percent ad valorem.

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 on World Wide Web at http://www.usitc.gov/tata/hts/.

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

We are unable to issue a tariff classification ruling on the laser gun sight at this time because we require additional information. Regarding the laser gun sight, does the laser gun sight contain a laser diode? If it contains a laser diode, what type of laser diode is it? What is the wavelength range of the laser gun sight, as expressed in nanometers? Provide a description of how the laser gun sight is used and operated. Can this laser gun sight be used on other types of guns, meaning, other than the Soft Air guns?

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 Barbara Kiefer at 646-733-3019.


Robert B. Swierupski

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