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NY C84427

February 26, 1998

CLA-2-82:RR:NC:1:115 C84427


Ms. Marleen Spencer
Mohawk Customs & Shipping Corp.
P.O.Box 3065
Syracuse, New York 13220-3065

RE: The country of marking and classification of stainless steel scissors from Italy

Dear Ms. Spencer:

In your letter dated February 9, 1998, on behalf of your client, the Utica Cutlery Company, you requested a ruling on marking requirements and classification of stainless steel scissors which will be incorporated into a pocket knife.

In your inquiry you ask if the component (scissors) requires country of origin marking and the classification of the scissors.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C, Section), provides that, unless excepted, every article of foreign origin (or its container) imported into the United States 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 United States the English name of the country of origin of that article.

Section 134.35 of the Customs Regulations states that "an article used in the United States in manufacture which results in an article having a name, character, or use differing from that of the imported article, will be within the principle of the decision in the case of United States v. Gibson-Thomsen Co., Inc., 27 C.C.P.A. 267 (C.A.D. 98). Under this principle, the manufacturer or processor in the United States who converts or combines the imported article into the different article will be considered the "ultimate purchaser" of the imported article within the contemplation of Section 304 (A), Tariff Act of 1930, as amended (19 U.S.C. 1304 (a)), and the article shall be excepted from marking. The outermost containers of the imported articles shall be marked in accord with this part."

The imported scissors further incorporated into a pocket knife meets the condition stated in Section 134.35, and the marking of the imported scissors can be waived.

The applicable subheading for the scissors will be 8213.00.9000,, Harmonized Tariff Schedule of the United States (HTS), which provides for scissors, tailors' shears and similar shears and blades and other base metal parts thereof : Valued over $l.75/dozen: other(including parts). The rate of duty will be 7.2 cents each plus 7.2 percent ad valorem.

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 Melvyn Birnbaum at 212-466-5487.


Robert B. Swierupski

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