Reconsideration HQ 087590; Telescopic sights for rifles andair rifles; Subheading 9304.00; Heading 9303; Subheading9013.10.10.

HQ 088704 May 28, 1991 CLA-2 CO:R:C:M 088704 AJS CATEGORY: Classification TARIFF NO.: 9013.10.10 Mr. Arcelio V. Gerardo Traffic Supervisor Tasco P.O. Box 520080 Miami, Florida 33152-0080 RE: Reconsideration HQ 087590; Telescopic sights for rifles and air rifles; Subheading 9304.00; Heading 9303; Subheading 9013.10.10. Dear Mr. Gerardo: This is in reply to your letter of February 6, 1991, requesting that we review ruling letter HQ 087590 (11/09/90). FACTS: The article in question is the Rimfire series telescopic sight, model RF4X15. It is designed to be used with .22 caliber rifles and air rifles for target shooting or small game hunting. The sight is also not designed for use with infrared light. ISSUE: Whether the subject telescopic sight is properly classifiable within subheading 9013.10.10, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for telescopic sights for rifles which are not designed for use with infrared light; or classifiable within subheading 9013.10.40, HTSUSA, which provides for other telescopic sights for fitting to arms. LAW AND ANALYSIS: An air rifle is described as "a rifle using compressed air or gas to propel a pellet or B-B from its barrel". C. Mueller & -2- J. Olson, Small Arms Lexicon and Concise Encyclopedia, (1968). See also Webster's II New Riverside University Dictionary (1984). This description supports the meaning of the term "rifle" as used in the text of the HTSUSA. Heading 9303, HTSUSA, describes rifles which operate by the firing of an explosive charge. While subheading 9304.00, HTSUSA, provides for rifles which eject missiles by the release of compressed air or gas. Accordingly, it is our view that the term rifle as used within subheading 9013.10.10, HTSUSA, encompasses both rifles which operate by the firing of an explosive charge and ones which operate by compressed air or gas. Therefore, a telescopic sight used with .22 caliber rifles and air rifles is properly classifiable as a sight for rifles. HOLDING: The subject telescopic sight is properly classifiable within subheading 9013.10.10, HTSUSA, which provides for telescopic sights for rifles which are not designed for use with infrared light. HQ 087590 (11/09/90) is affirmed. Sincerely, John Durant, Director Commercial Rulings Division