The tariff classification and admissibility of a 3-Piece Tool Box Set from China.

NY R00918 October 13, 2004 RES-2-82:RR:NC:N1:118 R00918 CATEGORY: Classification and 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 3-Piece Tool Box Set from China. Dear Ms. Riley: In your letter dated October 6, 2004, you requested a tariff classification ruling for the 3-Piece Tool Box Set and the admissibility of the One Hand Lock-Back Knife within the set. SheffieldTM Mfg. brand 3-Pc Tool Box Set, item 12084, is comprised of the 7-in-1 Adjustable Wrench, 14-in-1 Multi Tool, and One Hand Opening Lock-Back Knife. The 7-in-1 Adjustable Wrench contains an adjustable wrench, Phillips screwdriver, large sharp knife, ruler, large slotted screwdriver, file and wire stripper. The 14-in-1 Multi Tool contains standard pliers, long nose pliers, ruler/fish scaler/hook remover, awl, Phillips screwdriver, can opener, bottle opener/screwdriver, medium slotted screwdriver, drop point blade, knife and wire cutter. The multi tool measures 4” in length when folded. The One Hand Opening Lock-Back Knife features a 3” stainless steel blade. You have stated that this knife does not have any spring action and does not open automatically. It requires two hands to operate. There is a small screw head on the side of the blade for grasping and opening the blade. There is a lock release built into the stainless steel handle which functions to release the blade from the open position to allow it to be closed. The knife handle is welded together. The three 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 3-Piece Tool Box Set (model 12084) 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, National Commodity Specialist Division