The tariff classification of a Multi-Purpose Tool from China

N241251 May 7, 2013 CLA-2-82:OT:RR:NC:1:118 CATEGORY: Classification TARIFF NO.: 8211.93.0031 Mr. Harvey Satz OnTrend Products 9 Cypress Drive Burlington, MA 01803 RE: The tariff classification of a Multi-Purpose Tool from China Dear Mr. Satz: In your letter dated April 18, 2013, you requested a tariff classification ruling. The samples you have submitted are being returned as requested. You submitted two samples for review. Item number 14889 is described as a 6 in 1 Multi-Tool. The tool consists of two handles that when unfolded expose a spring loaded pliers. Encased within the handles are steel fold out tools that include a pocket knife, pliers, mini saw, Phillips screwdriver, flat screwdriver and an LED flashlight. Item number 40962 is described as a Pocket Driver. The tool consists of six interchangeable screwdriver bits that fit into a handle that is in the shape of a pen. The handle also incorporates an LED light. The 6 in 1 Multi-Tool and Pocket Driver are each imported packaged for retail sale in clear plastic blister packs on cardboard backing. You suggested classifying the 6 in 1 multi-purpose tool within subheading 8205.40.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for screwdrivers and parts thereof. The General Rules of Interpretation (GRI) set forth the manner in which merchandise is to be classified under the HTSUS. GRI 1 states in part that for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes. The multi-purpose tool in this case is specifically provided for in another heading. Therefore your proposed classification is incorrect. The applicable subheading for the 6 in 1 Multi-Purpose tool (item number 14889) will be 8211.93.0031, HTSUS, 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: folding two-handled multi-use tools in which one or more tools are housed in each handle and one or more of the tools is a folding knife blade. The duty rate will be 3¢ each + 5.4% ad valorem. 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/. Your inquiry does not provide enough information for us to give a classification ruling on item number 40962. Your request for a classification ruling should include: The cost breakout of all the components in the package, i.e. the holder, the bits and the LED light. What type of screwdriver bits are in the set, e.g. (masonry drills, twist drills, etc.)? Are the screwdriver bits able to be used for drilling or cutting metal? If they are used for cutting, do they contain by weight over 0.2 percent of chromium, molybdenum, or tungsten or over 0.1 percent of vanadium? When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you. 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