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NY N014868

August 2, 2007



TARIFF NO.: 8211.92.9045

Mr. Gordon C. Anderson
C.H. Robinson Worldwide, Inc.
Minneapolis International
14800 Charlson Road, Suite 400
Eden Prairie, MN 55347-5048

RE: The tariff classification and marking of a Lifesaving Knife from China.

Dear Mr. Anderson:

In your letter dated July 23, 2007, on behalf of Import Specialties Inc., you requested a tariff classification and marking ruling. The sample is being returned, as you have requested.

You described the submitted sample (item #HK8882) as a “Lifesaving Knife.” It consists of a knife made of stainless steel with a cutting blade on one side and a saw tooth blade on the other. The stainless steel handle is hollow with a screw off cap. The inside of the cap contains a built in compass and the hollow handle holds a fitted waterproof plastic container. The plastic container holds a small fishing hook with monofilament line, four pieces of artificial fishing bait and two sewing needles with a length of thread. The knife is held in a fitted sheath made of nylon and is capable of being worn on a belt. The sheath has a small snap closure compartment with a sharpening stone.

The applicable subheading for the Lifesaving Knife will be 8211.92.9045, Harmonized Tariff Schedule of the United States (HTSUS), 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: other knives having fixed blades: other: other: sheath-type knives. The rate of duty will be 0.4¢ each plus 6.1% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

You also requested a ruling on whether the “Made in China” label affixed to the submitted retail packaging is an acceptable country of origin marking. 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.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. Section 134.43, Customs Regulations (19 CFR 134.43), requires 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. The Lifesaving Knife may be excepted from individual country of origin marking pursuant to 19 CFR 134.32(d) as long as Customs officials at the port of entry are satisfied that the ultimate purchasers receive the knife in the original unopened properly marked outer container.

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 Kathy Campanelli at 646-733-3021.


Robert B. Swierupski

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