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August 11, 1999

CLA-2-82:RR:NC:1:115 E85116


TARIFF NO.: 8211.93.0030

Ms. Cecilia Castellanos
Western Overseas Corporation
P.O. Box 90099
Long Beach, California 90809-0099

RE: The tariff classification of Box Cutter from China.

Dear Ms. Castellanos:

In your letter dated July 29, 1999 you requested a tariff classification ruling Magnet, LLC.

The sample submitted item 9623 is a Plastic Milk Bag Cutter w/Magnet. The cutter is used to split the bag (milk distributors sell milk in large 5 gallons or more bags).

The sample will be returned as per your request.

In your request you believe that the cutter be classified as a hand tool. This type of item has been classified under the knife provision by both New York and Customs Headquarters.

The applicable subheading for the box cutter or utility knife will be 8211.93.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for Knives having other than fixed blades..Pen knives, pocket knives and other knives which have folding blades. The rate of duty will be 3 cents each + 5.4% 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 212-637-7017.


Robert B. Swierupski

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