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Post by garandftw on Jul 12, 2006 19:34:33 GMT -5
SO, we are going into day 5 now that customs has had my garand...... my dissapointment is growing
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Post by Gordak on Jul 12, 2006 19:58:17 GMT -5
who did u buy it from, which customs is it?
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Post by Capt. Zak on Jul 12, 2006 22:11:50 GMT -5
I have a huge uniform/gear order being held by customs as well. Perhaps they are short handed...or just loafing about as usual.
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Post by garandftw on Jul 12, 2006 22:43:10 GMT -5
I ordered it from Redwolf, and it's the customs office in Chicago
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Post by CPL. Mills 2nd Rangers on Jul 12, 2006 23:30:45 GMT -5
5 days? thats a long time, I ordered both my Garands from Redwolf and they got here in 5 days each, perhaps its like Jeff said, they're short handed...
or being lazy.
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Post by schmitty on Jul 13, 2006 0:10:12 GMT -5
I ordered some stuff from redwolf last week and got it yesterday. Including a TM GBB M1911a1, No trouble with customs. A Dealer near me who ordered $10k worth of merchandise from redwolf had it held by customs and eventually returned to redwolf. The problem was due in part to some of the guns having silencers which are now banned from import.
Schmitty
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Lt8thaf
Private
?There is nothing so likely to produce peace as to be well prepared to meet an enemy.?
Posts: 55
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Post by Lt8thaf on Jul 13, 2006 11:29:46 GMT -5
You should call the carrier/freight forwarder and find out what the reason for the CBP hold is. Chances are that there are either some entry docs required for whatever reason and the forwarder has not gotten them into CBP yet or there is an exam on the one PO in the air freight container so the whole shipment is held. When you talk to your carrier ask them for a copy of your 3461 and your 7501 that might get the ball rolling.
As for the silencers, they were probably classified incorrectly, the following CBP ruling apply to airsoft guns: Customs Rulings Ruling No: NY J87966 Category: CLASSIFICATION Ruling date: 2003-09-09 Last Updated: 2003-10-02 HS Refs: 9304.00.20 9304.00.40
________________________________________ NY J87966 September 9, 2003 CLA-2-93:RR:NC:2:224 J87966 CATEGORY: Classification TARIFF NO.: 9304.00.20/9304.00.40 Jeanette Woo Impact Games LLC 1232 Center Street Honolulu, HI 96816 RE: The tariff classification of airsoft guns from Japan. Dear Ms. Woo: In your letter dated August 1, 2003, you requested a ruling on the tariff classification of airsoft guns. The merchandise consists of an assortment of airsoft guns. These guns shoot plastic bb projectiles that are normally 6 millimeters in diameter and come in various weights ranging from 0.12g to 0.36g. They operate either by compressed gas that is expelled through a series of valves to propel the bb down the barrel or by a spring powered piston which is pulled back using an electric motor and gears. Both methods involve the release of pressurized air as a propellant. The guns are fabricated mostly out of plastic and cast aluminum parts. The Explanatory Notes to Heading 93.04, Harmonized Tariff Schedule of the United States (HTSUS), state that this heading covers, inter alia, "(4) Air Guns, rifles and pistols. These resemble normal rifles, pistols, etc. but they have a provision for compressing a column of air which is released into the barrel of the weapon when the trigger is pulled, thus ejecting the ammunition." The airsoft guns subject of this ruling are similar in design and operating characteristics to air guns and are similarly classifiable in heading 9304 of the HTSUS. The applicable subheading for the airsoft guns depends on their configuration. The subheading for airsoft rifles will be 9304.00.2000, HTSUS, which provides for "Other arms (for example, spring, air or gas guns and pistols, truncheons).Pistols, rifles and other guns which eject missiles by release of compressed air or gas, or by the release of a spring mechanism or rubber held under tension: Rifles." The duty rate is 3.9 percent ad valorem. The subheading for an airsoft pistol configuration will be 9304.00.4000, HTSUS, which provides for "Other arms (for example, spring, air or gas guns and pistols, truncheons).Pistols, rifles and other guns which eject missiles by release of compressed air or gas, or by the release of a spring mechanism or rubber held under tension: Other." The rate of duty is free. You have also inquired as to what constitutes a rifle for purposes of subheading 9304.00.20, HTSUS. An air rifle is described as "a rifle using compressed air or gas to propel a pellet or bb from its barrel." C. Mueller & J. Olson, Small Arms Lexicon and Concise Encyclopedia, (1968). This description supports the meaning of the term "rifle" as used in the text of the HTSUS. Heading 9303 of the HTSUS describes rifles that operate by the firing of an explosive charge while subheading 9304.00.20, HTSUS, provides for rifles which eject missiles by the release of compressed air or gas. In most instances, an airsoft gun will be classified on the basis of the configuration of the real firearm the airsoft gun is intended to duplicate. Thus, we will classify the electric powered MP5SD5 airsoft gun as a rifle in subheading 9304.00.2000, HTSUS, since it is intended to be a replica of the real submachine firearm classifiable as a rifle in heading 9303 of the HTSUS. In addition, the MP5SD5 is meant to be a shoulder fired weapon, another defining feature of rifles. It appears from a review of your descriptive literature that the large majority of the subject airsoft guns included in the ruling request will be classified as rifles in subheading 9304.00.2000, HTSUS. You also ask whether air soft guns must meet special marking requirements. Title15 of the U.S. Code, Section 5001 (15 USC 5001) mandates that any toy, look- alike, or imitation firearms shall have a permanently affixed blaze orange plug inserted in the barrel of such an imported article and recessed no more than six (6) millimeters from the muzzle end of the barrel. See also Title 15 of the Code of Federal Regulations, Part 1150 (15 CFR Part 1150). The term "look-alike firearm" defined in the statute to mean any imitation of any original firearm "including and limited to toy guns, water guns, replica nonguns, and air-soft guns firing nonmetallic projectiles. Such term does not include.traditional B-B, paint- ball, or pellet-firing air guns that expel a projectile through the force of air pressure." See 15 USC 5001(c). Thus, your air soft guns and all imitation or "look-alike" nonmetallic projectile-firing air guns are subject to the statutory mandate of 15 USC 5001 and should be marked in conformance with the special marking requirements of 15 CFR Section 1150.3. Finally, you ask about the marking of the country of origin for the imported soft guns. The marking statute, section 304, Tariff Act of 1930, as amended (19 USC 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. In you instance, the mark "Made in Japan" permanently marked in a conspicuous location on the air soft guns will meet the requirements of the marking statute. A marking of "USA" on a gun that is manufactured in Japan or some other country is clearly in violation of the statute and must be removed or obliterated before entry into the U.S. 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 Tom McKenna at 646-733-3025. Sincerely,
Robert B. Swierupski Director, National Commodity Specialist Division Customs Rulings Ruling No: NY A84279 Category: CLASSIFICATION Ruling date: 1996-06-25 Last Updated: 1996-09-08 HS Refs: 9304.00.2000
________________________________________ 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
more to come.
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Lt8thaf
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Post by Lt8thaf on Jul 13, 2006 11:30:22 GMT -5
Customs Rulings Ruling No: NY C86214 Category: CLASSIFICATION Ruling date: 1998-04-09 Last Updated: 1998-05-21 HS Refs: 9304.00.4000
________________________________________ NY C86214 April 9, 1998 CLA-2-95:RR:NC:2:224 C86214 CATEGORY: Classification TARIFF NO.: 9304.00.4000 David Hsu Alternities 17750 Sacuillo St. Fountain Valley CA 92708 RE: The tariff classification of an air gun from Taiwan. Dear Mr Hsu: In your letter dated March 30, 1998, you requested a tariff classification ruling. The article submitted is a "miniature machine air gun", (described on package artwork as "Mini AK-47 Machine Gun) with four AA batteries powered by an electric motor driven air pump assembly to propel 6-mm plastic BB pellets. The air gun is constructed predominantly with ABS plastic, with the motor, barrel collar, battery contacts and assembly screws the only metal parts. The imported unit includes the air gun, a 100-count package of plastic BB pellets, unit weight 0.12 gram, and the operating instruction and safety manuals. The 0.12gr bullet's speed is 39 m/sec., equivalent to 0.08 joule. The article's principle use in the United States is said to be for hobby purposes. The Explanatory Notes to the Harmonized Commodity Description and Coding System (Explanatory Notes), including the Subheading Explanatory Notes, although not dispositive or legally binding, provide a commentary on the scope of each heading of the Harmonized Tariff Schedules, and are generally indicative of the proper interpretation of such headings. See T.D. 89-80, 54 Fed Reg., 35127 (August 23, 1989). The Explanatory Notes to heading 93.04, Harmonized Tariff Schedule of the United States (HTSUS), state that this heading covers, inter alia, "(4)Air Guns, rifles and pistols. These resemble normal rifles, pistols, etc., but they have a provision for compressing a column of air which is released into the barrel of the weapon when the trigger is pulled, thus ejecting the ammunition." This subject air gun is thus classifiable in heading 9304 of the HTSUS. The applicable subheading for the air gun will be 9304.00.40, HTSUS, which provides for "Other arms (for example, spring, air or gas guns and pistols, truncheons), excluding those of heading 9307: Pistols, rifles and other guns which eject missiles by release of compressed air or gas, or by the release of a spring mechanism or rubber held under tension: Other." The duty rate will be 0.7 percent ad valorem. This ruling is being issued under the provisions of Section 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 Tom McKenna at 212-466-5475. Sincerely,
Robert B. Swierupski Director, National Commodity Specialist Division Customs Rulings Ruling No: NY E83384 Category: CLASSIFICATION Ruling date: 1999-06-25 Last Updated: 2001-06-15 HS Refs: 9304.00.2000
________________________________________ NY E83384 June 25, 1999 CLA-2-95:RR:NC:2:224 E83384 CATEGORY: Classification TARIFF NO.: 9304.00.2000 Joel L. Brand 4526 Florida St - #13 San Diego CA 92116 RE: The tariff classification of air guns from Japan. Dear Mr. Brand: In your letter of June 11, 1999, you requested a tariff classification ruling. The subject merchandise consists of electric air guns configured to realistically imitate known firearms. Product information sheets for a manufacturer's Electric Gun Series, which include specifications for air guns in the configuration of the AK 47 model, the Colt M16A2, the Heckler & Koch MP5, SD6 and SD5, and the Steyr AUG models, indicate that all of the imitation air guns fire a 6mm diameter plastic BB bullet up to 60 meters distant with a muzzle velocity of up to 90 meters per second. Based on the information you have supplied, the applicable subheading for the air guns illustrated in the descriptive sheets will be 9304.00.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other arms (for example, spring, air or gas guns and pistols, truncheons), excluding those of heading 9307: Pistols, rifles and other guns which eject missiles by release of compressed air or gas, or by the release of a spring mechanism or rubber held under tension: rifles. The rate of duty is 3.9 percent ad valorem. The subject air guns, configured as imitations of actual firearms, should be marked in conformance with the regulations dealing with imitation firearms. See Title 15 of the United States Code, sections 5001 and 1150 (15 U.S.C. 5001 and 1150). Contact the Department of Commerce for further information. For information on the technical or legal admissibility aspects of imported firearms, you should contact the Bureau of Alcohol, Tobacco and Firearms, Firearms Technology Branch, 650 Massachusetts Avenue, NW, Room 6450, Washington, DC 20226. 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 Tom McKenna at (212) 637-7015. Sincerely,
Robert B. Swierupski Director, National Commodity Specialist Division
more to come.
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Lt8thaf
Private
?There is nothing so likely to produce peace as to be well prepared to meet an enemy.?
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Post by Lt8thaf on Jul 13, 2006 11:30:40 GMT -5
Customs Rulings Ruling No: NY G84370 Category: CLASSIFICATION Ruling date: 2000-11-27 Last Updated: 2001-03-15 HS Refs: 9304.00.2000
________________________________________ NY G84370 November 27, 2000 CLA-2-95:RR:NC:2:224 G84370 CATEGORY: Classification TARIFF NO.: 9304.00.2000 Steve Homer SSH Enterprises, LLC 15607 Cannion Falls Tomball TX 77375 RE: The tariff classification of gas- and spring-operated rifles from Taiwan. Dear Mr. Homer: In your letter dated November 12, 2000, you requested a tariff classification ruling. The articles in question are rifles designed to shoot 6mm paintballs and BB shot. One, a spring powered KA-35HK rifle, is configured to simulate the M16 carbine rifle in appearance only. It has an internal pressure tank filled with a spring and plunger system. The gun must be cocked between each shot and it holds up to 50 paintballs or BBs. It weighs about 7.8 pounds and is approximately 39 inches in length. A second gun is a gas-powered rifle, model KG-05HK. This rifle is identical in appearance and structure to the KA-35HK, the only difference being in the firing mechanics. The gun has an internal pressure tank that is filled with compressed gas. The gas gives the KG-05HK its power to shoot semi-automatic or full automatic up to 50 paintballs or BBs. The 6mm pellet's speed is said to be about 280 FPS, equivalent to about 1.0-joule of energy. The gas powered KG-06HK rifle is identical to the KG-05HK model except that the 06 has a foldable stock. An air rifle is described as "a rifle using compressed air or gas to propel a pellet or BB from its barrel." C. Mueller & J. Olson, Small Arms Lexicon and Concise Encyclopedia, (1968). This description supports the meaning of the term "rifle" as used in the text of the Harmonized Tariff System of the United States (HTSUS). The applicable subheading for the gas- and spring-operated rifles will be 9304.00.2000, HTSUS, the provision for "Other arms (for example, spring, air or gas guns and pistols, truncheons), excluding those of heading 9307; Pistols, rifles and other guns which eject missiles by release of compressed air or gas, or by the release of a spring mechanism or rubber held under tension: Rifles." The rate of duty will be 3.9 percent ad valorem. Regarding proper country of origin markings for the rifles, we recommend that you contact a Customs officer at the intended port(s) of importation to confirm that the markings on imported rifles will satisfy the country of origin marking provisions of Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) and the country of origin marking requirements of Part 134 of the Customs Regulations (19 CFR 134). You should also be aware of the U.S. Department of Commerce Regulations pertaining to import requirements for "look-alike" and "imitation" firearms found at Part 1150 of the Commerce and Foreign Trade Regulations (15 CFR 1150). This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 CFR 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 Tom McKenna at 212.637.7015. Sincerely,
Robert B. Swierupski Director, National Commodity Specialist Division Customs Rulings Ruling No: NY H83567 Category: CLASSIFICATION Ruling date: 2001-08-03 Last Updated: 2001-10-04 HS Refs: 9304.00.4000
________________________________________ NY H83567 August 3, 2001 CLA-2-93:RR:NC:2:224 H83567 CATEGORY: Classification TARIFF NO.: 9304.00.4000 Steve Homer SSH Enterprises, LLC 15607 Cannion Falls Tomball, TX 77375 RE: The tariff classification of three gas or spring operated pistols that shoot paintballs and BB's from Taiwan. Dear Mr. Homer: In your letter dated July 13, 2001, you requested a tariff classification ruling. You are requesting the tariff classification on three models of pistols that shoot paintballs and BB's. The first item is identified as KWC model KG-31HK: a gas powered gun. This gun has the appearance of a 1911-A1 .45 caliber revolver pistol. The gun has an internal pressure tank that is filled with compressed gas, and holds up to 14 BB's/paintballs. The second item is identified as KWC model KA-03K: a spring powered gun similar in style to a 1911-A1 .45 caliber semi-auto pistol. The gun must be cocked between each shot, and holds up to 12 BB's/paintballs. The third item is identified as KWC model KA-05K: a spring powered gun similar in style to a MV IV semi-auto pistol. The gun must be cocked between each shot, and holds up to 12 BB's/paintballs. The samples will be returned, as requested. The applicable subheading for the three pistols, model #s: KG-31HK, KA-03K and KA- 05K, will be 9304.00.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Other arms (for example, spring, air or gas guns and pistols, truncheons), excluding those of heading 9307: Pistols, rifles and other guns which eject missiles by release of compressed air or gas, or by the release of a spring mechanism or rubber held under tension: Other." The rate of duty will be free. 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 Tom McKenna at 212-637-7015. Sincerely,
Robert B. Swierupski Director, National Commodity Specialist Division U.S. Import Requirements - 2006 Commodity Description 9304.00 Other arms (for example, spring, air or gas guns and pistols, truncheons), excluding those of heading 9307: 9304.00.6000 - Other
U.S. Customs Description OTHER ARMS NSPF NOT 9307 Unit of Measure No. U.S. Customs Unit of Measure NO - Number Duty Rates 2 45% Column 2 A Free GSP - Generalized System of Preferences AU Free United States - Australia Free Trade Agreement CA Free NAFTA - Goods of Canada CL Free United States - Chile Free Trade Area Implementation Act E Free CBERA - Caribbean Basin Economic Recovery Act IL Free United States - Israel Free Trade Area J Free Andean Trade Preference Act JO Free United States - Jordan Free Trade Area MA Free United States - Morocco Free Trade Agreement General 5.7% Column 1 - Normal Trade Relations MX Free NAFTA - Goods of Mexico P Free Dominican Republic-Central America-United States Free Trade Agreement Implementation Act SG 1.4% United States - Singapore Free Trade Agreement Footnotes No Footnotes Trade Actions No TAMS Applicable Quota Information No Quota Applicable Tariff Rate Quota Information No Tariff Rate Quota Applicable Other Government Agency Requirements - For list of agencies, click here.
None applicable Entry Date Restrictions No restrictions Taxes / Fees None
This CBP ruling concerns the silencer (clearly legal for import per this CBP ruling):
Customs Rulings Ruling No: HQ 451537 Category: RESTRICTED Ruling date: 1991-10-07 Last Updated: 1998-12-14 ________________________________________ HQ 451537 October 7, 1991 TRA CO:R:IT:I 451537 TPT CATEGORY: Restricted Merchandise Mr. Thomas Goldblatt, Esq. Strombecker Corp. 600 N. Pulaski Rd. Chicago, IL 60624-1083 RE: Admissibility of Toy Guns Dear Mr. Goldblatt: This is in response to your request for a binding ruling dated July 11, 1991, regarding various toy guns which Strombecker intends to import into the commerce of the United States. We understand that you wish to obtain a ruling as to the applicability of the new law enacted under the Federal Energy Management Improvement Act of 1988. ISSUE: Whether the samples submitted satisfy the requirements of title 15, U.S.C., 5001 and title 15, C.F.R., Part 1150? LAW AND ANALYSIS: The instant matter is being considered under Part 177 of the Customs Regulations (19 C.F.R. 177.1(a)(1)), which relates to a prospective transaction (importation) concerning articles identical to the submitted samples. A ruling issued in response to a request for a ruling under Part 177 of the Customs Regulations reflects Customs' official position as to the specific question presented regarding the prospective transaction and is binding on all Customs personnel. 19 C.F.R. 177.9. Therefore, this ruling is qualified in that it applies to importations of articles which are identical to the submitted sample. Section 5001 (15 U.S.C. 5001) mandates that any toy, look- alike, or imitation firearms shall have a permanently affixed blaze orange plug inserted in the barrel of such an imported article and recessed no more than six (6) millimeters from the muzzle end of the barrel. See 15 C.F.R. Part 1150. 2 Part 1150 enumerates the types of markings which have been approved by the Secretary of Commerce. Under section 1150.3(b) (15 C.F.R. 1150.3(b)) water guns, air-soft guns, light-emitting guns or other ejecting toy guns must have blaze orange marking permanently affixed to the exterior of the barrel and cover the circumference of the barrel from the muzzle end. Devices made entirely of transparent or translucent material are also approved if it permits unmistakable observation of the complete contents. 15 C.F.R. 1150.3(c). Also, if the exterior of the article is in bright red, orange, yellow, green, or blue, singly or as the predominant color in combination with other colors in a pattern, the article satisfies the marking requirements. 15 C.F.R. 1150.3(d). Finally, the marking would meet the requirements if the exterior surface is predominantly in white in combination with one or more of the colors bright red, orange, yellow, green, or blue in any pattern. 15 C.F.R. 1150.3(e). The first sample examined is described as the "Lynx" 8-Shot Ring Cap Gun, model number 7011. The toy pistol is approximately five inches in length. The die cast metal cylinder is painted red. The remainder of the gun is plastic and completely black. Under the cylinder on one side "Made in China" is imprinted. The barrel is slightly over an inch long. In the muzzle end is a solid blaze orange plug which could not be removed. The second sample is described as the "Jackal" 12-Shot Ring Cap Gun, model number 7055. The coloring of this toy gun is identical to the gun above. The cylinder in this model is bigger than the cylinder in model 7011. This gun is otherwise identical to the model 7011. The next sample is described as the "Enforcer" 12-Shot Ring Cap Gun, model number 7056. This sample has a die cast metal red cylinder, and a brown hand grip. The gun is plastic and black except the for the cylinder and hand grip. This sample includes a separate plastic piece simulating a silencer which fits over the barrel. The plastic silencer piece is orange and is hollow. A solid blaze orange plug is in the muzzle end of the gun and can be seen when the silencer is positioned over the barrel. The fourth sample is described as the "Marksman" Strip Cap Pistol (Attack Force), model number 7059. This pistol is nine inches in length and five inches in height. The handle grip is brown. A solid blaze orange plug is inserted into the muzzle end. The top sight has been made red, otherwise the remainder of the gun is black. This sample is made of plastic. Above the handle grip on one side is imprinted "Made in China." The last sample is described as the "Tec-9" Strip Cap Pistol (Attack Force), model number 7062. This sample is completely black, except for the blaze orange piece running inside the 3 barrel and the piece attached to the muzzle end of the barrel. On one side of the gun, above the ammunition magazine "Made in China" is imprinted. On the opposite side above the hand grip "Esquire/Nichols" is imprinted. We conclude that this sample, model 7062 does not comply with the marking requirements because the plug is not solid. HOLDING: We conclude that four samples submitted (model numbers 7011, 7055, 7056, and 7059) comply with 15 U.S.C. 5001 and 15 C.F.R. 1150.3 and, therefore, toys which are identical to these submitted samples may be imported. However, model 7062, the Tec- 9 toy pistol, is subject to seizure under 19 U.S.C. 1595a(c) for a violation of 15 U.S.C. 5001 in that the plug is not solid. This ruling does not extend to any toy guns which differ in any way from those presented for the purposes of this ruling. Sincerely,
John F. Atwood, Chief Intellectual Property Rights Branch ty Rights Branch
Thad Miller FedEx Trade Networks Customs Brokerage (Air & Ocean)
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Lt8thaf
Private
?There is nothing so likely to produce peace as to be well prepared to meet an enemy.?
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Post by Lt8thaf on Jul 13, 2006 11:31:55 GMT -5
Jeff, there might be some issue with quota or visa, where are you importing your textiles from?
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Lt8thaf
Private
?There is nothing so likely to produce peace as to be well prepared to meet an enemy.?
Posts: 55
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Post by Lt8thaf on Jul 13, 2006 13:50:45 GMT -5
Looks like the BATF&E says NO if the silencer is functional even on an HTS 9304.00.20/9304.00.40 classified gun.
(M30) Are Paintball and/or Airgun Sound Suppressers NFA firearms? [Back]
The terms "firearm silencer" and "firearm muffler" mean any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication.
Numerous paintball and airgun silencers tested by ATF’s Firearms Technology Branch have been determined to be, by nature of their design and function, firearm silencers. Because silencers are NFA weapons, an individual wishing to manufacture or transfer such a silencer must receive prior approval from ATF and pay the required tax. See Questions M15 and 16 for application details.
If I have any further questions as to the classification of a paintball or airgun silencer, who should I contact?
Please send a written request to ATF’s Firearms Technology Branch.
[18 U.S.C. 921(a)(24), 26 U.S.C. 5845(a), 27 CFR 479.11]
(M15) What are the required transfer procedures for an individual who is not qualified as a manufacturer, importer, or dealer of NFA firearms?[Back]
ATF Form 4 (5320.4) must be completed, in duplicate. The transferor first completes the face of the form. The transferee completes the transferee's certification on the reverse of the form and must have the "Law Enforcement Certification" completed by the chief law enforcement officer.
The transferee is to place, on each copy of the form, a 2-inch by 2-inch photograph of the transferee taken within the past year (proofs, group photographs or photocopies are unacceptable). The transferee's address must be a street address, not a post office box. If there is no street address, specific directions to the residence must be included.
If State or local law requires a permit or license to purchase, possess, or receive NFA firearms, a copy of the transferee's permit or license must accompany the application. A check or money order for $200 ($5 for transfer of "any other weapon") shall be made payable to ATF by the transferor. All signatures on both copies must be in ink.
Fingerprints also must be submitted on FBI Form FD-258, in duplicate. Fingerprints must be taken by a person qualified to do so, and must be clear and classifiable. If wear or damage to the fingertips do not allow clear prints, and if the prints are taken by a law enforcement official, a statement on his or her official letterhead giving the reason why good prints are unobtainable should accompany the fingerprints.
Forward the completed application and appropriate tax payment to the Bureau of ATF, P.O. Box 73201, Chicago, IL 60673.
Transfer of the NFA firearm may be made only upon approval of the ATF Form 4 by the NFA Branch. If the application is approved, the original of the form with the cancelled stamp affixed showing approval will be returned to the applicant. If the tax application is denied, the tax will be refunded.
Upon approval of the ATF Form 4, the transferor should transfer the firearm as soon as possible, since the firearm is now registered to the transferee.
[26 U.S.C. 5812, 27 CFR 479.84-86]
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Post by garard on Jul 13, 2006 14:48:54 GMT -5
Yeah, I called the Chicago Customs office and talked to the property officer. She told me that it needs to have a "duty" done to it before it can be sent out. She said either today(which it has no change yet) or tomarrow, then I should be getting soon after that.
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Post by Capt. Zak on Jul 13, 2006 20:15:56 GMT -5
Jeff, there might be some issue with quota or visa, where are you importing your textiles from? Thad, they are coming from China. Seems everytime the shippment is large it gets detailned. Smaller shipments make it through with no problem.
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Post by Gordak on Jul 13, 2006 23:52:41 GMT -5
Note chicago is the only office that charges the "duty" and they delay your express mail to do it. Chicago is also the only office that impounds guns for no reason, and ... well, Ill make it short. they suck.
-Gordak
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Post by garandftw on Jul 14, 2006 10:22:28 GMT -5
THANK THE HEAVENS! My rifle is out of customs and on it's way... only took 6 days in customs , but atleast it;s on it's way now...
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Lt8thaf
Private
?There is nothing so likely to produce peace as to be well prepared to meet an enemy.?
Posts: 55
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Post by Lt8thaf on Jul 14, 2006 15:15:23 GMT -5
CBP is funny about special commodities imports and clearance. The problem is that the CST team in the port of Chicago (3901) is small and the have to approve a whole lot of freight (air and ocean) so that unfortunately is what you get for importing textiles from CN. At least you don't have to contend with quota from CN anymore.
They really shouldn't impound, try to seize, or reject your air-soft guns, and if they do I have posted the most relevant and recent CBP rulings on the matter with which you can use to fight and win your case.
-Thad
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Post by garandftw on Jul 14, 2006 15:38:31 GMT -5
Thanks man, but I don't think that will be needed .. this time round. It's in transit, and when I called USPS, they told me that i would be getting it around noon tomarrow. So, I can't wait for noon toamarrow to come.
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