The tariff classification of a pocket knife/watch from China

NY 803420 November 14, 1994 CLA-2-82:S:N:N3:119 803420 CATEGORY: Classification; Marking TARIFF NO.: 8211.93.0030 Ms. Laura Deniz Evans and Wood & Co., Inc. P.O. Box 610005 D/FW Airport, TX 75261 RE: The tariff classification of a pocket knife/watch from China Dear Ms. Deniz: In your letter dated October 11, 1994, you requested a tariff classification and country of origin marking ruling on behalf of B & F Systems, Dallas, TX. A finished sample of the product you submitted can be described as a pocket knife with various tool attachments, solid red plastic handles or shells (no design), and a watch fitted in a recess in the handle. Your client plans to import the knife, the handles (recess in one handle) and the watch unattached and assemble them after importation. This minor assembly operation does not change the character of the imported product. Paragraph 2(a) of the General Rules of Interpretation, Harmonized Tariff Schedule of the United States provides in part that any reference in a heading to an article shall be taken to include a reference to that article entered unassembled or disassembled. Therefore the unassembled pocket knife/watch will be treated the same as the assembled article. The applicable subheading for the pocket knife/watch will be 8211.93.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for knives having other than fixed blades and parts thereof (except blades). The rate of duty will be 3 cents each plus 5.4 percent ad valorem. The marking regulations require that every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article. In addition, Section 134.43 of the Customs Regulations requires that certain articles such as knives be marked by die stamping, engraving, etc. Except for the unattached plastic shells or handles, the pocket knife is a finished product and should be marked with the country of origin on the main or master blade. The watch may be marked "Swiss Movement" if in fact the movement is assembled in Switzerland. Since the completed knife is to be repacked in individual gift boxes, the certification procedures of Section 134.26 of the Customs Regulations will have to be followed. A sample of the marking to be used on the individual gift boxes should be submitted to the Import Specialist at the intended port of entry for approval. 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. Sincerely, Jean F. Maguire Area Director New York Seaport