The tariff classification of an air rifle from Taiwan

NY A84279 June 25, 1996 CLA-2-93:R:N4:119 A84279 CATEGORY: Classification TARIFF NO.: 9304.00.2000 Messrs. Steven Ma and Norman Ng Armageddon Battlegears LLC 1804 Tribute Rd. Suite 203 Sacramento, CA 95815 RE: The tariff classification of an air rifle from Taiwan Dear Sirs: In your letter dated May 29, 1996 you requested a tariff classification ruling. The article to be imported is a fully automatic air rifle designed as an exact replica of an AK-47 rifle. The rifle uses a compressed CO2 cartridge and can fire 6mm paintballs or solid plastic BB's. The applicable subheading for the air rifle will be 9304.00.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for pistols, rifles and other guns which eject missiles by the release of compressed air or gas, or by the release of a spring mechanism or rubber held under tension: rifles. The duty rate will be 6.2 percent. In regard to your inquiry on Intellectual Property Rights, please be advised that "AK-47" is not a trade name or trade mark registered with Customs. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. If you have any questions pertaining to this matter, please contact National Import Specialist Jacques Preston of this office at (212) 466-5488. Sincerely, Roger J. Silvestri Director National Commodity Specialist Division