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NY N020892

January 4, 2008



TARIFF NO.: 9023.00.0000

Mr. Brent Missimer
Export/Import Officer
Lockhead Martin IS&GS
2339 Route 70 West
Cherry Hill, NJ 08002

RE: The tariff classification of explosive simulants from Israel

Dear Mr. Missimer:

In your letter dated December 12, 2007, you requested a tariff classification ruling. No sample was provided.

The items are Ammonium Nitrate/Fuel Oil Powdered Explosive Simulant, Nitro-Glycerin Liquid Simulant, Semtex H Bulk Simulant, and C4 Bulk Simulant. They are produced by Tamar Security Technologies LTD. All are used in various combinations in kits you prepare for the training of TSA employees. It is clear that they are not suitable for other uses.

They are specifically designed/formulated to appear to be dangerous materials to employees and their equipment without actually being dangerous.

Per Harmonized System Explanatory Notes 6 and 9 to its 9023, its models include “small scale” models. Per the Oxford English Dictionary On-line, a model, in its definition 2-a, is “something which accurately resembles or represents something else” These are models, used only in education/training, which are usable there due to their special composition to make them non-hazardous, not their reduced size, but we consider the same principle to apply.

We agree that the applicable subheading for these simulants will be 9023.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for instruments, apparatus and models, designed for demonstrational purposes (for example, in education or exhibitions), unsuitable for other uses, and parts and accessories thereof. The general rate of duty will be free.

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).

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 J. Sheridan at 646-733-3012.


Robert B. Swierupski

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