H307905

U.S. Customs and Border Protection HQ H307905 August 17, 2020 CLA-2 OT:RR:CTF:EMAIN H307905 PF CATEGORY: Classification TARIFF NO.: 9405.50.40 U.S. Customs and Border Protection Consumer Products and Mass Merchandising Center Validation and Compliance Division, Team 038-4 1100 Raymond Blvd. Newark, NJ 07102 Attn: Amy Arnold, Supervisory Import Specialist RE: Request for Internal Advice; Classification of Tritium Sight Inserts Dear Ms. Arnold: This is in reference to your request for internal advice, initiated by counsel for Trijicon Inc. (“requestor”), pertaining to the tariff classification, under the Harmonized Tariff Schedule of the United States (“HTSUS”), of tritium sight inserts. Our decision follows. FACTS: The subject merchandise are tritium sight inserts, which are comprised of tritium gas stored within a glass container and interior phosphor coating. The tritium within the sight inserts emits beta radiation, which in turn activates the phosphor and permits it to be visible in the dark, even in the absence of an external power source. The tritium sight inserts are typically imported as assembled components, which Trijicon uses as inserts within a range of firearm sights and riflescopes to serve as an aiming aid. These tritium sight inserts come in two primary configurations: cylindrical tritium sight inserts used with iron sights and rectangular tritium sight inserts used with riflescopes. The cylindrical tritium sight insert is inserted into a round chamber within an iron sight while the rectangular tritium sight insert is affixed with glue to a smooth surface within the interior of the riflescope assembly. Both sight inserts function in the same way and are not mounted on any type of sight upon importation. The cylindrical tritium sight inserts feature a glowing glass tube that is further encased in a metal housing. A crystal cap abuts the end of the tube and protects the glass tube within the apparatus. It is made of crystal instead of metal to permit the glowing beta-activated phosphor within the housing to remain visible to the user of the firearm. The glowing phosphor is visible to the user of the firearm as an alignment guide, in the form of dots or other patterns (often green or blue, but also other colors, depending on the phosphor used) at night or in low-light conditions. At night, the phosphor appears integral with the sight, and takes the place of the painted dot visible during daylight. The requestor provided a labeled image of the cylindrical tritium sight insert as follows: 
 Trijicon’s iron sights contain tritium sight inserts at the center of the front sight post and two points along the “U” of the rear sight, with the crystal cap visible to the person looking down the sight of the firearm. The yellow or green tritium sight insert is warranted to glow for twelve years from the date of original manufacture; without the need for further intervention; orange tritium sight inserts are warranted for five years. The rectangular tritium sight inserts feature the same key components as the cylindrical sight inserts. The rectangular sight inserts are comprised of tritium gas, a glass ampule, and interior phosphor coating. The rectangular tritium sight inserts are further processed with an additional manufacturing step not present in the cylindrical insert, which is that white paint is added to five of six of their exterior surface. The white paint helps ensure that the sight aid is sufficiently visible in the riflescope’s reticle pattern. After importation, an optical fiber is affixed to the one unpainted side of the rectangular sight insert that permits the firearm user to see reticle patterns in the center of the riflescope. The requestor provided an image of the rectangular tritium sight insert as follows: 
 The expected lifespan of the rectangular tritium sight inserts used within riflescopes is longer than that of the cylindrical insert. The rectangular insert is warranted to glow for fifteen years from the date of original manufacture, without the need for further intervention. On the requestor’s website tritium is described as follows: Tritium illuminates the aiming point in low-light conditions without batteries. Tritium is a radioactive isotope of hydrogen. Beta rays from the tritium hit phosphors to create the glow. Tritium has a half-life of 12.5 years, which means that in that time, the lamp will be as bright as it was originally. In a supplemental submission to our office, the requestor provided the following description of the subject merchandise: The trigalight glass tubes consist of hermetically sealed elements that glow visibly for decades without external energy supply - i.e. without electricity, battery, but also without sunlight. mb-microtec provides a 24/7 lighting guarantee for ten years. trigalight works similarly to a cathode ray tube, which was formerly used in television screens. Like TV-CRT, our lights consist of a glass housing or a sealed glass container. The inner walls of these glass tubes are coated with a thin coating of phosphorescent dye. This powder (zinc sulfide) has the ability to convert electrical energy into light. Trigalight's electrical energy is generated by tritium gas, a low beta radiation emitter. In addition, the requestor provided the following description of the “Trijicon Bright & Tough Night Sights” from their website: Trijicon Bright & Tough Night Sights are three-dot iron sights that increase night-fire shooting accuracy by as much as five times over conventional sights. Equally impressive, they do so with the same speed as instinctive shooting - and without the need for batteries. Housed in a metal body and cushioned within silicone rubber, Bright & Tough Night Sights feature a unique shock-resistant design. Each lamp is capped with a sapphire jewel to help evenly distribute the light while protecting the lamp from solvents and puncture. Contained within aluminum cylinders for additional protection, the lamps are mounted on silicone rubber cushions to withstand shock and heavy recoil. Green lamps are warranted for 12 years from the date of manufacture. ISSUE: Whether the tritium inserts are classified in heading 9013, HTSUS, as telescopic sights for fitting to arms, as other devices of heading 9013, HTSUS, or in heading 9405, HTSUS, as lamps and lighting fittings. LAW AND ANALYSIS: Merchandise imported into the United States is classified under the HTSUSA. Tariff classification is governed by the principles set forth in the General Rules of Interpretation (GRIs) and, in the absence of special language or context which requires otherwise, by the Additional U.S. Rules of Interpretation (AUSRIs). The GRIs and the Additional U.S. Rules of Interpretation are part of the HTSUS and are to be considered statutory provisions of law for all purposes. GRI 1 requires that classification be determined first according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the heading and legal notes do not otherwise require, the remaining GRIs 2 through 6 may then be applied in order. The HTSUS provisions under consideration in this case are as follows: 9013 Liquid crystal devices not constituting articles provided for more specifically in other headings; lasers, other than laser diodes; other optical appliances and instruments, not specified or included elsewhere in this chapter; parts and accessories thereof: 9013.10 Telescopic sights for fitting to arms; periscopes; telescopes designed to form parts of machines, appliances, instruments or apparatus of this chapter or section XVI: 9013.80 Other devices, appliances and instruments: * * * 9405 Lamps and lighting fittings including searchlights and spotlights and parts thereof, not elsewhere specified or included; illuminated signs, illuminated nameplates and the like, having a permanently fixed light source, and par

Merchandise imported into the United States is classified under the HTSUSA. Tariff classification is governed by the principles set forth in the General Rules of Interpretation (GRIs) and, in the absence of special language or context which requires otherwise, by the Additional U.S. Rules of Interpretation (AUSRIs). The GRIs and the Additional U.S. Rules of Interpretation are part of the HTSUS and are to be considered statutory provisions of law for all purposes. GRI 1 requires that classification be determined first according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the heading and legal notes do not otherwise require, the remaining GRIs 2 through 6 may then be applied in order. The HTSUS provisions under consideration in this case are as follows:9013 Liquid crystal devices not constituting articles provided for more specifically in other headings; lasers, other than laser diodes; other optical appliances and instruments, not specified or included elsewhere in this chapter; parts and accessories thereof:9013.10 Telescopic sights for fitting to arms; periscopes; telescopes designed to form parts of machines, appliances, instruments or apparatus of this chapter or section XVI: 9013.80 Other devices, appliances and instruments:* * *9405 Lamps and lighting fittings including searchlights and spotlights and parts thereof, not elsewhere specified or included; illuminated signs, illuminated nameplates and the like, having a permanently fixed light source, and parts thereof not elsewhere specified or included9405.50 Non-electrical lamps and lighting fittings: Other:9405.50.40 Other.In understanding the language of the HTSUS, the Explanatory Notes (ENs) of the Harmonized Commodity Description and Coding System, which constitute the official interpretation of the HTSUS at the international level, may be utilized. The ENs, although not di