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NY 817766




January 24, 1996

CLA-2-39:R:N4:119 817766

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 3926.90.9890

Mr. Jack D. Mlawski
Galvin & Mlawski
440 Park Avenue South - 9th Floor
New York, NY 10016-8067

RE: The tariff classification of parts of folding knives from Hong Kong

Dear Mr. Mlawski:

In your letter dated December 12, 1995 you requested a tariff classification and country of origin marking ruling on behalf of Zelco Industries, Mt. Vernon, NY.

The articles to be imported are two halves of a plastic handle for a folding knife which will feature an LED flashlight. The two halves are imported packed separately in bulk.

The right half of the handle (K11023) is a plain molded plastic part. The left half (K11022) contains a Light Emitting Diode (LED), contacts, "a metal button which when pressed causes the LED to illuminate, and a metal screw holding the plastic cover giving access to a button cell battery". The essential character of this article is imparted by the molded plastic part.

The applicable subheading for the two plastic halves of the handle will be 3926.90.9890, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics... other. The duty rate will be 5.3 percent.

In regard to the country of origin marking requirement, since these components will not be sold in their imported condition but will be used in the manufacture of finished knives, Zelco Industries is considered to be the ultimate purchaser of these components and only the containers need be marked with the country of origin.

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.

If you have any questions pertaining to this matter, please contact National Import Specialist Jacques Preston of this office at (212) 466-5488.

Sincerely,

Roger J. Silvestri
Director

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