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NY I89881




February 12, 2003

CLA-2-39:RR:NC:SP:221 I89881

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880; 4205.00.8000; 8211.92.2000

Mr. Gordon C. Anderson
C. H. Robinson International, Inc.
8967 Columbine Road
Suite 400
Eden Prairie, MN 55347-4194

RE: The tariff classification of oyster knives from Italy and kneepads from China.

Dear Mr. Anderson:

In your letter dated January 3, 2002, on behalf of Portable Products, Division of Fiskars, you requested a tariff classification ruling.

Four samples were included with your letter. Item 60180 is an oyster knife with a plastic handle and a short wide metal blade that is specially designed for shucking oyster shells. The product is normally imported retail packaged as a set of four knives.

Item 92013 is a set of two kneepads made of heavy saddle leather. A lining of felt, measuring approximately ½ inch in thickness, is glued to the inner surface of the kneepads for cushioning. Leather straps with metal buckles secure the kneepads in place.

Item 92015 is a set of two kneepads identified as Mojo Kneepads. These kneepads are constructed with hard molded plastic caps that provide protection to the knees. The pads are cushioned with thick foam padding covered with nylon fabric. Fabric stretch mesh straps with hook and loop fastener tape secure the kneepads in place.

Item 14857 is a set of two kneepads identified as Knee Keepers. These kneepads are made of pliable polyethylene foam approximately ½ inch in thickness. A lining of cellular foamed plastic laminated to a brushed knit fabric has been glued to the inner surface of the kneepads. Elastic straps with strips of hook and loop fastener tape secure the kneepads in place.

The four samples are being returned as you requested.

The applicable subheading for the oyster knives, item60180, will be 8211.92.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for knives with cutting blades, serrated or not, other, other knives having fixed blades, with rubber or plastic handles, kitchen and butcher knives. The rate of duty will be 0.8 cents each plus 4.6 percent ad valorem.

The applicable subheading for the leather kneepads, item 92013, will be 4205.00.8000, HTS, which provides for other articles of leather or of composition leather: other: other. The rate of duty will be free.

The applicable subheading for the Mojo kneepads, item 92015, and for the Knee Keepers, item 14857, will be 3926.90.9880, HTS, which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

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 Joan Mazzola at (646) 733-3023.

Sincerely,

Robert B. Swierupski
Director,

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