The tariff classification of utility knives and a glass scraper from China.

N228717 August 15, 2012 CLA-2-82:OT:RR:NC:1:118 CATEGORY: Classification TARIFF NO.: 8205.59.5510; 8211.93.0060 Mr. Heidar Nuristani Harbor Freight Tools 26541 Agoura Road Calabasas, CA 91302 RE: The tariff classification of utility knives and a glass scraper from China. Dear Mr. Nuristani: In your letter dated July 30, 2012, you requested a tariff classification ruling. You have described item number 34866 as a three piece scraper and knife set. The item consists of two utility knives with plastic handles and steel retractable blades. Also included is a glass scraper with a plastic handle and steel edged blade. You have stated that the knives and scraper are imported and sold in a clamshell package. The applicable subheading for the glass scraper will be 8205.59.5510, Harmonized Tariff Schedule of the United States (HTSUS), which provides for handtools (including glass cutters) not elsewhere specified or included; blow torches and similar self-contained torches; vises, clamps and the like, other than accessories for and parts of machine tools; anvils; portable forges; hand- or pedal-operated grinding wheels with frameworks; base metal parts thereof: other handtools (including glass cutters) and parts thereof: other: other: of iron or steel: other: edged handtools: other. The rate of duty will be 5.3% ad valorem. The applicable subheading for the retractable utility knives will be 8211.93.0060, HTSUS, which provides for knives with cutting blades, serrated or not, other than knives of heading 8208, and blades and other base metal parts thereof: other: knives having other than fixed blades: other. The duty rate will be 3¢ each + 5.4% ad valorem. Consideration was given to classifying item 34866 as a set under General Rule of Interpretation 3 (GRI 3). However, the item does not meet the criteria for treatment as a set under a GRI 3 analysis. Although the knives and scraper are packaged for retail sale, they do not meet a particular need or carry out a specific activity. Thus, the knives and scraper must be classified separately under their applicable headings in the HTSUS. Duty rates will be assessed on each article respective to their classification. The unit of quantity for the tariff classification of the knives and scraper is listed in numbers. Each article included in item 34866 will be counted as one piece. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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 Anthony Grossi at (646) 733-3021. Sincerely, Thomas J. Russo Director National Commodity Specialist Division