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NY E88133

October 27, 1999

CLA-2-82:RR:NC:1: 115 E88133


TARIFF NO.: 8211.92.4060

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

RE: The tariff classification of a Plastic Milk Bag Cutter with Magnet from China.

Dear Ms. Castellanos:

In your letter dated July 29, 1999 and a follow up telephone call of October 05, 1999 of you requested a tariff classification ruling.

The item 9623 is a Plastic Milk Bag Cutter with Magnet which is used to slit the bag and allow the restaurant personnel to pour the 5 gallon milk bags into their dispensing equipment in the restaurant.

A NY ruling E85116 was issued on August 11, 1999 which classified the bag cutter under subheading 8211.93.0030 which provides for Knives having other than fixed blades. In your telephone conversation you suggest that the Knife does have a fixed blade.

Upon further review this office would concur that the box cutter has a fixed blade. Due to the clerical error this ruling amends NY ruling E85116.

The applicable subheading for the Box Cutter will be 8211.92.4060 Harmonized Tariff Schedule of the United States (HTS), which provides for Other knives having fixed blades: With rubber or plastic handles: Other. The rate of duty will be 1 cent each + 4.6% ad valorem.

This ruling is being issued under the provisions of Part 177of 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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