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NY H89469




April 15, 2002

CLA-2-82:RR:NC:1:104 H89469

CATEGORY: CLASSIFICATION

TARIFF NO.: 8209.00.0030

Mr. Stan Puklicz
Royce-Air Cutting Tools Inc.
255 Sheldon Dr.
Cambridge, ON., Canada, N1T-1A2

RE: The tariff classification of solid carbide insert knives from Canada.

Dear Mr. Puklicz:

In your letter dated March 12, 2002 you requested a tariff classification ruling.

Samples have been provided of two items which you describe as solid carbide insert knives. You suggest that classification should be under HTS subheading 8208.20.0090 which provides for knives and cutting blades, for machines or for mechanical appliances. In addition to your claim that the items are knives, you point out that 8208.20 clearly makes reference to woodworking. You state further that the reference in 8209 to “sintered metal carbides” appears to be the only substantive link to these insert knives but appears to ignore the more decisive description given in 8208. Our information is that your company imports blanks from Germany and cuts them into profile knives which will then be exported to the U. S. (The manufacturer’s catalog describes them as blanks for profiling.)

Not all items described as “blades” or “knives” are classifiable as such for tariff purposes. We classify articles designed as the cutting part of routers, shapers or similar machine tools or hand tools, if a cermet and not already mounted on tools, as plates, sticks, tips and the like rather than as knives and blades. This is because these cutters do not fall within the common meaning of knife or blade (a device used to cut by slicing, shearing or chopping.). Your “knives” are used to shape a workpiece. You have indicated that the solid carbide insert knives are used on wood working molders, routers and shapers.

The applicable subheading for the solid carbide insert knives will be 8209.00.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for plates, sticks, tips and the like for tools, unmounted, of cermets. The rate of duty will be 4.6 percent.

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 Robert Losche at 646-733-3011.

Sincerely,

Robert B. Swierupski
Director,

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