CO2 Cartridges Designed for Air Guns Are Not 'Parts,' CBP Rules
Carbon dioxide cartridges designed for use in air guns are properly classified in subheading 2811.21.00 as “Other inorganic acids and other inorganic oxygen compounds of nonmetals: Other inorganic oxygen compounds of nonmetals: Carbon dioxide,” CBP said in a Dec. 16 Headquarters Ruling. The ruling was made in response to a request by Crosman to reconsider an earlier New York office ruling. Crosman asked CBP to reclassify the cartridges under subheading 9305.99.50 as gun parts and accessories.
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Crosman argued that the cartridges met the definition of "parts" because they were dedicated solely for use with air guns and designed to meet the “exacting standards” for air gun propellant as prescribed in a technical specification by the American Society for Testing and Materials.
The tariff schedule doesn't define "part," CBP noted. The courts' previous consideration of the nature of "parts" has resulted in two distinct tests. The Willoughby test requires a determination of whether the item is an "integral, constituent, or component part, without which the article to which it is to be joined, could not function as such article.” The Pompeo test requires an item to be "dedicated solely for use with another article." Under either test, an imported item is not considered a "part" if it is “a separate and distinct commercial entity,” CBP said.
In its analysis, CBP HQ found that the cartridges at issue did not meet the standards of a "part" because they have other uses. Even though Crosman may design the cartridges specifically to meet the ASTM standard, CBP ruled that the company offered no evidence that their use in airguns of heading 9304 precluded other uses. "The size of the CO2 cartridges fitting with that of the air guns is not sufficient to establish that they are dedicated for use solely or principally with an air gun," CBP said. Finally, CBP noted that the cartridges are "separate and distinct commercial entities inasmuch as they are carbon dioxide in pressurized metal cylinders described by heading 2811."