N351125

N351125 July 22, 2025 CLA-2-93:OT:RR:NC:N1:164 CATEGORY: Classification TARIFF NO.: 9304.00.6000; 9903.01.24; 9903.01.25; 9903.88.15 Robert Nance Security Equipment Corporation 747 Sunpark Drive Fenton, MO 63026 RE: The tariff classification of multifunction contact stun guns from China Dear Mr. Nance: In your letter dated July 8, 2025, you requested a tariff classification ruling regarding multifunction contact stun guns from China. Product information was submitted with your request. The items under consideration are described as handheld multifunction contact stun guns intended for non-lethal civilian self defense. As you described in your letter, the stun guns are constructed from an acrylonitrile butadiene styrene (ABS) plastic body, ergonomic grip, sliding safety switch, and an internal universal serial bus (USB) rechargeable battery. In your submission, you introduce four models which offer different functionalities. All models feature a contact-only electric shock stun gun function. Two fixed prongs emit a high voltage electric arc when pressed against an assailant. You clarify that there are no cartridges, probes, projectiles, compressed gas, or propellants involved. In addition to the electric shock function, you assert that the generated electric arc and crackling sound serves to intimidate and deter threats prior to physical engagement. Furthermore, all models feature light emitting diode (LED) flashlights which are integrated into the device. You state that the flashlight will be used for visibility in low light conditions and to serve as a visual warning. Finally, two models will also feature a high decibel audible alarm which is activated by the user to attract attention or repel aggressors. For all models, you propose classification in subheading 8531.80.9051, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Electric sound or visual signaling apparatus (for example, bells, sirens, indicator panels, burglar or fire alarms), other than those of heading 8512 or 8530; parts thereof: Other apparatus: Other: Other. We disagree. Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRIs). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Since no one heading in the tariff schedule covers the stun gun, high-decibel alarm, and flashlight components of the subject article in combination, GRI 1 cannot be used as a basis for classification. GRI 3(b) provides that mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale shall be classified as if they consisted of the material or component which gives them their essential character. As the multifunction contact stun guns are composite goods, we must apply rule GRI 3(b), which provides that composite goods are to be classified according to the component that gives the goods their essential character. Explanatory Note (EN) VIII to GRI 3(b) explains that “the factor which determines essential character will vary as between different kinds of goods. It may, for example be determined by the nature of the material or component, its bulk, quantity, weight or the use of the goods.” We must determine whether the stun gun, flashlight, or high-decibel alarm imparts the essential character to the merchandise under consideration. Although the flashlight and high-decibel alarm contribute significant signaling and deterrent functions, they are auxiliary to the personal defense functionality provided by the contact stun gun. It is the contact stun gun that is capable of delivering an electric shock to an aggressor during a physical engagement. While a high-decibel alarm and LED flashlight may provide deterrence, it is the physical effect of the stun gun that can effectively disable an assailant. This is evidenced by the way the merchandise is marketed on your website. In all cases, the products are prominently marketed as stun guns with additional functions. Furthermore, you assert the contact stun gun also provides a deterrent effect due to the visible electric arc generated between the prongs and the concurrent crackling sound. However, this deterrent effect is ancillary to the electric shock functionality and is not “signaling apparatus” in this context. In totality, the contact stun gun component imparts the essential character of the multifunction contact stun guns in accordance with GRI 3(b). As a result, the multifunction contact stun guns will be classified by the contact stun gun component. The applicable subheading for the multifunction contact stun guns will be 9304.00.6000, HTSUS, which provides for Other arms (for example, spring, air or gas guns and pistols, truncheons), excluding those of heading 9307: Other. The general rate of duty will be 5.7 percent ad valorem. Effective March 4, 2025, pursuant to U.S. Note 2(u) to Subchapter III, Chapter 99, all products of China and Hong Kong as provided by heading 9903.01.24, HTSUS, other than products classifiable under headings 9903.01.21, 9903.01.22, and 9903.01.23, HTSUS, will be subject to an additional 20 percent ad valorem rate of duty. At the time of entry, you must report the applicable Chapter 99 heading, i.e. 9903.01.24, in addition to subheading 9304.00.6000, HTSUS, listed above. Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.” All imported merchandise must be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the Chapter 99 provisions covering exceptions to the reciprocal tariffs. At this time products from all countries will be subject to an additional 10 percent ad valorem rate of duty. At the time of entry, you must report the Chapter 99 heading applicable to your product classification, i.e. 9903.01.25, in addition to subheading 9304.00.6000, HTSUS, listed above. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 9304.00.6000, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 9304.00.6000, HTSUS, listed above. The HTSUS is subject to periodic amendment, so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/programs-administration/trade-remedies, respectively. The tariffs and additional duties cited above are current as of this ruling’s issuance. 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 at https://hts.usitc.gov/. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (C.F.R.), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance 

set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (C.F.R.), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 C.F.R. 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Paul Taylor at paul.m.taylor@cbp.dhs.gov. 
Sincerely,
 (for) James Forkan Acting Director National Commodity Specialist Division