United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1994 HQ Rulings > HQ 0956335 - HQ 0956469 > HQ 0956402

Previous Ruling Next Ruling


HQ 956402

August 9, 1994

CLA-2 CO:R:C:M 956402 KCC

CATEGORY: CLASSIFICATION

TARIFF NO.: 8211.93.00

Andrea Abraham
The Forschner Group, Inc.
One Research Drive
P.O. Box 874
Shelton, CT 064484-0874

RE: Pocket Knife; NAFTA; Article 509; rules of origin; General Note 12(b)(ii); General Note 12(t) 82; change in tariff classification; non-originating material; EN 82.11; 3926.90.25; other articles of plastic

Dear Ms. Abraham:

This is in response to your letter dated May 10, 1994, concerning the applicability of the North American Free Trade Agreement (NAFTA) and the country of origin to pocket knives when exported to Canada. Samples of an unassembled and completed pocket knife were submitted for our examination.

FACTS:

Pocket knife bodies, plastic handles, toothpicks, tweezers and pens are imported from Switzerland. In the U.S., a logo is imprinted onto the plastic handle using one of several methods, such as Duratech imprinting, silkscreening, and engraving. After the imprinting process is completed, the handles are attached to the knife body. The toothpick, tweezers, and/or pen are then inserted into the slot between the handle and knife body. The completed knife is packaged in a gift box for the consumer and shipped to Canada.

You state that the Harmonized Tariff Schedule (HTS) numbers for the parts imported into the U.S. are as follows:
pocket knife body 8211.93.00 plastic handles 8211.93.00 plastic toothpick 3924.90.55 metal tweezers 8203.20.20 pen 9608.10.00.

ISSUE:

Is the pocket knife eligible for preferential tariff treatment under the NAFTA?

LAW AND ANALYSIS:

To be eligible for tariff preferences under the North American Free Trade Agreement (NAFTA), goods must be "originating goods" within the rules of origin in General Note 12(b), HTSUS. Because the completed knifes are made from parts imported from a non-NAFTA country, to be "goods originating in the territory of a NAFTA party" the goods must be "transformed in the territory of Canada, Mexico and/or the United States" pursuant to General Note 12(b)(ii)(A), HTSUS, which states:
except as provided in subdivision (f) of this note, each of the non-originating materials used in the production of such goods undergoes a change in tariff classification described in subdivision (r), (s) and (t) of this note or the rules set forth therein....

In this case, we must examine whether the pocket knife is "transformed in the territory of Canada, Mexico and/or the United States" pursuant to General Note 12(b)(ii)(A), HTSUS.

We are of the opinion that the completed pocket knife is classified under subheading 8211.93, HTS, which provides for:

Knives with cutting blades, serrated or not (including pruning knives), other than knives of heading 8208, and blades and other base metal parts thereof...Other...Knives having other than fixed blades, and parts thereof (except blades)....

In understanding the language of the HTS, the Harmonized Commodity Description and Coding System (HCDCS) Explanatory Notes (ENs) may be consulted. The ENs, although not dispositive, provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings. See, T.D. 89-90, 54 Fed. Reg. 35127, 35128 (August 23, 1989). EN 82.11 (pgs. 1112-1113), states that this heading covers folding knives of all kinds, such as "[p]ocket knives, pen knives, jack knives, campers' knives...."

As the completed pocket knife is classified under subheading 8211.93, HTS, a transformation is evident when a change in tariff classification occurs that is authorized by General Note 12(t) 82, HTSUS. General Note 12(t) 82, HTSUS, states:

A change to headings 8201 through 8215 from any other chapter.

Therefore, any non-originating materials must come from a chapter other than chapter 82.

In this case, the classification of the non-originating materials from Switzerland is as follows:
pocket knife body 8211.93.00 plastic handles 3926.90.25 plastic toothpick 3924.90.55 metal tweezers 8203.20.20 pen 9608.10.00.

We note that the plastic handles can not be classified as parts of pocket knives under subheading 8211.93.00, HTSUS (Harmonized Tariff Schedule of the United States), because heading 8211, HTSUS, only provides for "other base metal parts." Since the handles are plastic, they cannot be classified under heading 8211, HTSUS. They are classified under subheading 3926.90.25, HTSUS, which provides for "Other articles of plastics and articles of other materials of headings 3901 to 3914... Other...Handles and knobs, not elsewhere specified or included, of plastics."

A change in tariff classification does not occur for the pocket knife body and metal tweezers because they are both classified in Chapter 82. Therefore, the completed pocket knife is not eligible for preferential tariff treatment under the NAFTA pursuant to General Note 12(b)(ii)(A), HTSUS.

Additionally, we note that you requested a determination of the completed pocket knife's country of origin. Each country has its own rules and regulations to administer when determining the proper country of origin and marking for goods entering their territory. Since you will be exporting the completed pocket knives to Canada, we recommend that you seek a ruling from the Canadian government as to the proper country of origin of your product. Since you will be importing the completed pocket knives into Toronto, you may address your letter to Chief Rulings and Appeals, Toronto Region, P.O. Box 10, Station A, 1 Front Street West, Toronto, Ontario, M5W 1A3, Canada.

HOLDING:

The pocket knife is classified under subheading 8211.93.00, HTSUS. It is not eligible for the NAFTA tariff preference.

Sincerely,

John Durant, Director

Previous Ruling Next Ruling

See also: