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NY R00914




October 13, 2004

RES-2-23:RR:NC:N1:118 R00914

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 lock-back knife from China.

Dear Ms. Riley:

In your letter dated October 6, 2004, you requested a tariff classification ruling and the admissibility for a lock-back knife.

SheffieldTM Mfg. brand One Hand Opening Lock-Back Knife, item 12104, features a 2.75” stainless steel blade with serrated edge. You have stated that it does not open automatically. There is a small plastic button on the blade for grasping and pulling the blade into the open position. A lock release is built into the plastic handle which only allows the blade to be closed. The knife has a riveted handle. The knife also has a pocket clip and it measures 4” when closed.

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 One Hand Opening Lock-Back Knife 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.

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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