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NY L86030

July 22, 2005

CLA-2-82:RR:NC:N1:118 L86030


TARIFF NO.: 8211.93.0030

Mr. Gerald Robbins
Applicator International, LLC
235 Big Ridge Drive
East Stroudsburg, PA 18301-9379

RE: The tariff classification of a steel utility knife from China.

Dear Mr. Robbins:

In your letter, dated June 29, 2005, you requested a tariff classification ruling. We are returning the sample as you have requested.

The “Quick Change Utility Knife” is a pocket size utility knife whose razor folds into the handle. The knife and razor blade are steel. The utility knife measures 3 ¾” when open and 2 ½” when closed. The razor blade may be replaced or turned on its reverse side via a push mechanism on the razor blade holder. There is a small, triangular, plastic cover over the razor blade to protect the user from injury. Some utility knives have a keychain on the handle and others do not.

The applicable subheading for the steel utility knife will be 8211.93.0030, Harmonized Tariff Schedule of the United States (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: pen knives, pocket knives and other knives which have folding blades. The rate of duty will be 3¢ each, plus 5.4 percent ad valorem.

The marking statute, section 304, Tariff Act of 1930, as amended (19 USC 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. 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 U.S. the English name of the country of origin of the article. In addition, the Customs Regulations at Section 134.43 (19 CFR 134.43), require knives to be marked by die stamping, cast-in-mold lettering, etching, engraving, or by means of metal plates which are secured to the article by welding, screws, or rivets.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR).

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 Kathy Campanelli at 646-733-3021.


Robert B. Swierupski

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