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NY 811927




July 18, 1995

CLA-2-82:S:N:N3:119 811927

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 8211.93.0030; 8214.90.9000

Mr. Alvin Silvey
Silvey Shipping Co., Inc.
Bldg. 75 - North Hangar Road - Suite 211
JFK Int'l Airport
Jamaica, NY 111430

RE: The tariff classification and country of origin marking of smoking accessories from France

Dear Mr. Silvey:

In your letter dated June 8, 1995, you requested a tariff classification and country of origin marking ruling on behalf of Robert & Miles, Inc., 235 McKinley Place, Ridgewood, NJ 07450-4808.

The articles to be imported are a pipe knife, a cigar cutter/pocket knife and five cigar cutters. The articles may be in base metal or base metal plated with precious metal.

The pipe knife (Ref. 0262) has a folding knife blade, a file, a pick, a reamer and a tamper. The cigar cutter/pocket knife (Ref. 0245) has a round hole cigar cutter in the handle, a folding knife blade and a folding pick. The five cigar cutters are in various shapes (round, square, octagonal and rectangular) with a round hole and guillotine type blade. These cutters are designed to be carried in the pocket or on a key chain. The reference numbers shown in the catalog for the five cigar cutters are the following: 0201, 0244 IX, 0221, 0241 and 0291.

The applicable subheading for the pipe knife and the cigar cutter/pocket knife will be 8211.93.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for knives having other than fixed blades and parts thereof (except blades). The rate of duty will be 3 cents each plus 5.4 percent ad valorem.

The applicable subheading for the five cigar cutters will be 8214.90.9000, HTS, which provides for other articles of cutlery... other. The rate of duty will be 1.9 cents each plus 4.3 percent ad valorem.

Regarding the marking of the merchandise, the regulations require that 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 container) will permit, in such manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article.

In addition, Section 134.43(a) of the Customs Regulations requires that certain articles such as knives be marked by means of die stamping, cast- in-mold lettering, etching, engraving, or by affixing metal plates to the article.

We cannot issue a marking ruling since you have not indicated the type of marking you plan to use. You may wish to discuss the matter with the Import Specialist at the port where the merchandise will be imported or apply for a ruling on a specified form of marking.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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