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NY R00909




October 13, 2004

RES-2-82:RR:NC:N1:118 R00909

CATEGORY: CLASSIFICATION ADMISSIBILITY

TARIFF NO.: 8211.93.0030

Ms. Barbara Riley
Kmart Corporation
3100 West Big Beaver Road
Troy, MI 48084

RE: The tariff classification and admissibility of a multi-purpose tool and lock-back knife with accompanying belt pouches from China.

Dear Ms. Riley:

In your letter dated October 6, 2004, you requested a tariff classification ruling for the multi-purpose tool and lock-back knife and the admissibility of the lock-back knife within the set.

SheffieldTM Mfg. brand Multi-Purpose Tool & Lock-Back Knife, item 12060, is comprised of the 14-in-1 Multi Tool and the Lock-Back Knife with belt pouches for each tool. The 14-in-1 Multi Tool contains needle nose and regular pliers, wire cutter, small, medium, large and Phillips screwdrivers, hook remover, bottle opener, fish scaler, can opener, knife, ruler and awl. The multi tool is packed with a nylon pouch with flap closure and loop that permit carrying on the belt. The Lock-Back Knife has a 3” stainless steel blade, polished hardwood handle and polished brass bolster. You have indicated that the blade in the lock back knife does not open automatically. It has a groove in the side of the blade to allow for the thumb nail to grasp and pull the blade away from the handle. A lock release button is built into the polished hardwood handle which releases the blade from an open position to enable the user to close the knife. The Lock-Back Knife is packed with a leather pouch with metal snap closed flap and loop that permit carrying on the belt. The four items are packaged together for retail sale.

You have inquired as to the admissibility of the One Hand Opening Lock-Back Knife. Pursuant to the Act of August 12, 1958 (Pub. L. 85-623, codified at 15 USC §§ 1241-1245, otherwise known as the “Switchblade Knife Act”), whoever knowingly introduces, or manufactures for introduction, into interstate commerce, or transports or distributes in interstate commerce, any switchblade knife, shall be fined or imprisoned, or both. The Customs Regulations promulgated pursuant to the Switchblade Knife Act are set forth in 19 CFR §§ 12.95-12.103. In examining the information you have provided pertaining to the One Hand Opening Lock-Back Knife we find that it does not conform to the definition of a switchblade knife and would be admissible.

The applicable subheading for the Multi-Purpose Tool & Lock-Back Knife with accompanying belt pouches will be 8211.93.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for knives with cutting blades, serrated or not (including pruning knives), other than knives of heading 8208, and blades and other base metal parts thereof: other: knives having other than fixed blades, pen knives, pocket knives and other knives which have folding blades. The rate of duty will be 3¢ each, plus 5.4% ad valorem.

The nylon pouch is of a kind classified in subheading 4202.92.9026, HTS. Goods classified in 4202.92.9026, HTS, fall within textile category designation 670. Based upon international textile trade agreements, products of China are not currently subject to quota or the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR).

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 Kathy Campanelli at 646-733-3021.

Sincerely,

Robert B. Swierupski
Director,

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