HQ 0956076 - Steel Box Cutter and Blade; Box of Replacement Blades; Razor Blades; Scrapers; Knives Having Other Than Fixed Blades; Other Edged Hand Tools; ENs 82.05 and 82.11; Additional U.S. Rule of Interpretation 1(a); HQs 952988 and 951605; NY 881076; NY 863995, affirmed; NY 851173, revoked - United States International Trade Commision Rulings

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HQ 956076

October 21, 1994

CLA-2 CO:R:C:M 956076 RFA

CATEGORY: CLASSIFICATION

TARIFF NO.: 8211.93.00, 8205.59.55

Mr. Barry E. Powell
Grunfeld, Desiderio, Lebowitz & Silverman 707 Wilshire Blvd.
Suite 5320
Los Angeles, CA 90017

RE: Steel Box Cutter and Blade; Box of Replacement Blades; Razor Blades; Scrapers; Knives Having Other Than Fixed Blades; Other Edged Hand Tools; ENs 82.05 and 82.11; Additional U.S. Rule of Interpretation 1(a); HQs 952988 and 951605; NY 881076; NY 863995, affirmed; NY 851173, revoked

Dear Mr. Powell:

This is in reference to NY 851173, issued to you on April 20, 1990, on behalf of King Quality Co., in which the tariff classification of a steel box cutter with a blade and a box of replacement blades was determined under the Harmonized Tariff Schedule of the United States (HTSUS). Pursuant to section 625, Tariff Act of 1930 (19 U.S.C. 1625), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, Pub. L. No. 103-182, 107 Stat. 2057, 2186 (1993)(hereinafter, "section 625"), notice of the proposed revocation of NY 851173 was published on September 14, 1994, in the Customs Bulletin, Volume 28, Number 37. Two comments were received in response to the notice. Both comments essentially claim that the box cutter is a hand tool and not a knife. After careful review of cited Explanatory Notes and rulings, as more fully described below, we find that the cutters are in fact knives. Therefore, revocation of the New York ruling is necessary. Our response to the comments and our decision in this matter is set forth below.

FACTS:

The merchandise consists of a rectangular 2-piece steel holder-handle and a single edge blade. One piece of the holder is designed for insertion of a single edge safety razor blade. A 45-degree cutout on the bottom in one corner of the holder permits the blade to be exposed and utilized for cutting. The other end of the holder is designed to be inserted and locked into the handle extension portion of the holder. This allows for a sturdier grip of the unit. When not in use, the handle with the blade may be reversed and inserted into the holder to shield the exposed blade.

The single edge blade includes a sharp edge on only one side. The side opposite the sharp edge has a steel covering that covers the whole side and permits handling of the blade in a safe fashion. Although also referred to as a "razor" blade, the subject blade is made of a thicker gauge of metal than that used in blades designed for shaving. The box of replacement blades are to be sold separately from the holder in retail packages of 100.

ISSUE:

Is the steel box cutter classifiable as a knife or as a hand tool under the HTSUS?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRI's). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.

In NY 851173, dated April 20, 1990, the Area Director, New York Seaport, determined that the combination steel holder and blade described as a box cutter, as well as the replacement blades, was classified under subheading 8205.59.80, HTSUS, which provides for: "[h]andtools. . .not else where specified or included. . . : [o]ther handtools (including glass cutters) and parts thereof: [o]ther: [o]ther: [o]ther: [o]ther . . . ."

In NY 863995, dated June 27, 1991, the Area Director, New York Seaport, classified carton cutters, consisting of a flat handle and a housing in which a single edge razor blade is inserted, as knives having other than fixed blades under subheading 8211.93.00, HTSUS. Subheading 8211.93.00, HTSUS, provides for: "[k]nives with cutting blades, serrated or not. . . and blades and other base metal parts thereof: [o]ther: [k]nives having other than fixed blades. . ."

The Harmonized Commodity Description and Coding System Explanatory Notes (EN) constitute the Customs Cooperation Council's official interpretation of the HTSUS. While not legally binding, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings. See T.D. 89-80, 54 FR 35127, 35128 (August 23, 1989).

EN 82.05, page 1107, states as follows:

This heading covers all hand tools not included in other headings of this Chapter or elsewhere in the Nomenclature . . . , together with certain other tools or appliances specifically mentioned in the title.

It includes a large number of hand tools
(including some with simple hand-operated mechanisms such as cranks, ratchets or gearing). This group of tools includes:

(E) Other hand tools (including glaziers' diamonds).

This group includes:

(6) Tools for masons, moulders, cement workers, plasterers, painters, etc., such as trowels, smoothers, servers, scrapers and stripping knives, smoothers' needles and cleaners, indentation rollers, glass cutters with cutting wheels, palette knives and putty knives.

(7) Miscellaneous hand tools such as farriers' paring knives, toeing knives, hoof pickers and hoof cutters, cold chisels and punches; . . . metal scrapers; . . . .

EN 82.11, p.1113, states that:

This heading covers knives with cutting blades, serrated or not, with the exception of those included in heading 82.08, and of certain tools and tableware sometimes called "knives" but covered implicitly or explicitly by other headings of this Chapter . . .

The heading covers:

(4) Knives with several interchangeable blades, whether or not these are contained in the handles.

In both referenced New York rulings, there is a box of replacement blades which are sold separately from the holder in retail packages of 100. These blades are of the class or kind of blade that fits into various types of holders. They are also designed to be used as scrapers that do not employ a cutting action. Additional U.S. Rule of Interpretation 1(a), HTSUS, states as follows:

[i]n the absence of special language or context which otherwise requires-- a tariff classification controlled by use (other than actual use) is to be determined in accordance with the use in the United States at, or immediately prior to, the date of importation, of goods of that class or kind to which the imported goods belong, and the controlling use is the principal use.

The subject blades can and are principally used for scraping. Based upon Additional U.S. Rule of Interpretation 1(a), HTSUS, we find that the principal use of the blades is that of a scraper. Scrapers are provided for under subheading 8205.59.55, HTSUS, as other hand tools. It is noted that within subheading 8205.59.55, HTSUS, there is a statistical breakout for "edged handtools: single edge razor blades other than for shaving."

According to the information provided, the metal holder has a 45-degree cutout on the bottom in one corner which permits a replaceable single edge safety razor blade to be exposed and utilized for cutting. The issue to be resolved is whether a blade used for scraping contained within a handle is classifiable as a "knife", "cutter", or other "hand tools".

It is well settled customs law that when a tariff term is not defined in either the HTSUS or its legislative history, the correct meaning of a term in a tariff provision is the common meaning understood in trade or commerce. Schott Optical Glass, Inc. v. United States, 67 CCPA 32, 34, 612 F.2d 1283 (1979). It is also well established that since the meaning of a customs term is a question of law, a court may rely upon its own understanding of terms used, and may consult standard lexicographic and scientific authorities, to determine their common meaning. Trans- Atlantic Co. v. United States, 60 CCPA 100, 471 F.2d 1397 (1973).

Because these terms are not defined in either the HTSUS or the ENs, we may consult standard lexicographic authorities. The Random House Dictionary of the English Language, Unabridged Version (1973), defines the following terms:

Cutter: 1. one who or that which cuts. . . (p. 358)

Knife: 1. an instrument for cutting, consisting essentially of a thin, sharp-edged, metal blade fitted with a handle. . . (p. 791)

Tool: 1. an implement, esp., one held in the hand, for performing or facilitating mechanical operations, as a hammer, saw, file, etc. 2. any instrument of manual operation. . . (p. 1493)

Webster's Third New International Dictionary, Unabridged (1966), defines the following terms:

Cutter: 1. one that cuts: . . . b.(1): an instrument that cuts: a machine, machine part, or tool that cuts . . . (p. 562)

Knife: 1 a: a simple instrument used for cutting consisting of a sharp-edged usu. steel blade provided with a handle. . . (p. 1249)

Tool: 1 a: an instrument (as hammer or saw) used or worked by hand: an instrument used by a handicraftsman or laborer in his work: implement b(1): the cutting or shaping part in a machine or machine tool . . . (p. 2408)

Based upon the definitions cited above and Additional U.S. Note 1(a), HTSUS, we find that the box cutter is principally used as a knife and is provided for under heading 8211, HTSUS, as a knife having other than fixed blades.

One of the comments received states that not all knives and cutters are classified under heading 8211, HTSUS. In support of this position, the comment cites to HQ 951605, dated June 1, 1992, in which Customs classified a pastry/pizza cutter wheel under heading 8205, as other hand tools. However, we note that EN 82.05 provides for a number of household articles, including some with cutting blades. We find that the pizza cutter falls within the class and kind of items listed as household articles based upon the principle of ejusdem generis.

NY 881076, dated December 11, 1992, was also cited to as an example in which an article containing a blade was classified under heading 8205, HTSUS, as other hand tools. In that ruling the merchandise consisted of a corkscrew with a blade to remove the foil covering the cork of a bottle. We further note that EN 82.05 specifically lists corkscrews as one of the household articles covered under the term "other hand tools". Therefore, we find that HQ 951605 and NY 881076 is not persuasive in determining the classification of the subject merchandise.

Another comment made was that the subject merchandise, which uses disposable blades, does not fall within the scope of heading 8211, HTSUS. The comment states that only blades which can be sharpened belong under this provision. In HQ 952988, dated February 4, 1993, Customs classified utility knives and cutters which contained a scored blade strip inside the handle. These items contained a dull blade snapper section which can be used to break off a dull blade at the scored line making a fresh blade available for use. Customs determined that these blades are "interchangeable" and that the cutters and knives are classified under subheading 8211.93.00, HTSUS.

Another possibility suggested was that Customs treat the merchandise as consisting of two distinct parts: a scraper (heading 8205, HTSUS); and a two-piece metal holder (heading 8466, HTSUS). Merchandise consisting of two or more components are classified by application of GRI 3(b). GRI 3(b) states as follows:

When by application of Rule 2(b) or for any other reason, goods are, prima facie, classifiable under two or more headings, classification shall be effected as follows: . . . Mixtures, composite goods consisting of different materials or made up of different components, . . ., which cannot be classified by reference to 3(a), shall be classified as if they consisted of the material or component which gives them their essential character. . . .

We find that application of GRI 3(b) is unwarranted, because the merchandise can be classified by application of GRI 1. The merchandise consists of a replaceable blade and handle holder, which, when imported together, form a knife. Based upon GRI 1, this merchandise is provided for by name under heading 8211, HTSUS, as knives having other than fixed blades.

Based upon the analysis set forth above, we find that the proposed revocation of NY 851173 is correct.

HOLDING:

The steel box cutters are classifiable under subheading 8211.93.00, HTSUS, which provides for: "[k]nives with cutting blades, serrated or not. . .and blades and other base metal parts thereof: [o]ther: [k]nives having other than fixed blades. . ." The general, column one rate of duty is 3 cents each plus 5.4 percent ad valorem.

The replacement blades are classifiable under subheading 8205.59.55, HTSUS, which provides for: "[h]andtools . . .not elsewhere specified or included. . . : [o]ther handtools (including glass cutters) and parts thereof: [o]ther: [o]ther: [o]ther: [o]f iron or steel: [o]ther . . . ." The general, column one rate of duty is 5.3 percent ad valorem.

In accordance with section 625, this ruling will become effective 60 days after publication in the Customs Bulletin. Publication of rulings or decisions pursuant to section 625 does not constitute a change of practice or position in accordance with section 177.10(c)(1), Customs Regulations [19 CFR

EFFECT ON OTHER RULINGS:

NY 863995, dated June 27, 1991, is affirmed.

NY 851173, dated April 20, 1990, is revoked.

Sincerely,

John Durant, Director

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