CLA-2 CO:R:C:M 953015 MMC
TARIFF NUMBER: 8211.93.00
Mr. Roger Silvestri, Assistant Area Director
National Import Specialist Division
Customs, New York Seaport
6 World Trade Center
New York, N. Y. 10048
RE: "Multi-Use Hand Tool"; 8203.20.60; GRI 1; Knives, other than
fixed blade; Knife, retractable blade
Dear Mr. Silvestri:
This is in response to the memorandum of November 24, 1992,
(CLA-2-82:S:N:NI; 119-012) from the Chief, NIS Branch 1,
concerning the classification of a Multi-Use Hand Tool under the
Harmonized Tariff Schedule of the United States (HTSUS). This
issue arose as a result of an inquiry from Customs in St. Louis,
Missouri. A sample was submitted for our examination.
FACTS:
The sample is blister packed on a card which describes the
article as a "Multi-Use Hand-Tool." The contents are described
as "a fish scraper w/file ruler, Phillips screwdriver, large
screwdriver, medium screwdriver, small screwdriver, awl/punch,
razor shaped knife, pliers, and a can opener." Examination of
the article reveals a plier-shaped device with hollowed out
plastic and metal handles approximately 4 inches long which
contain a fishscraper with ruler markings on one surface and file
grooves on the other surface, a phillips head screwdriver, three
flat-head blade screwdrivers, an awl/punch, a 2 1/2 inch blade
knife, and a can/bottle opener. All of the instruments, except
for the pliers which have been soldered in the open position, can
be folded into the handles when not in use. The handles appear
to have been designed so that,if not soldered, the pliers could
also be folded into the handles and then the handles folded
together so that the hand-tool could be easily carried.
ISSUE:
Is this article classified under subheading 8203.20.60,
HTSUS, as pliers, or under subheading 8211.93.00, HTSUS, as
knives having other than a fixed blade?
LAW AND ANALYSIS:
Since 1904, a variety of knives having other than a fixed
blade and also having other instruments, have been classifiable
as knives. In A. Kastor & Bros. v. U.S., T.D. 25335, an article
with a blade and a fork that folded into a handle was held to be
classifiable as a pocketknife under paragraph 153 of the Tariff
Act of 1897, which was a precursor to item 649.79, Tariff
Schedules of the United States (TSUS). Paragraph 153 provided in
pertinent part for, penknives, or pocketknives, clasp knives,
pruning knives, and budding knives of all kinds, or parts
thereof, wholly or partly manufactured.
In Paul Masson Vineyards v. U.S., C.D. 4258 (1971), the
Court held that an article with a folding pointed knife blade,
corkscrew, and lever for removing bottle caps and corks, was
classifiable under item 649.79, TSUS,(the precursor provision to
Heading 8211, HTSUS) which provided for knives which have folding
or other than fixed blades or attachments. The court reasoned
that this provision was an eo nomine, not a use provision.
Therefore, the article's predominant use as a wine bottle opener
was not determinative for classification purposes. Instead,
classification was determined by whether the article was
described by the tariff provision. In that case, item 649.79,
TSUS, described the article because it contained a knife with a
blade that was other than fixed. Subsequent application of Paul
Masson, in HQ 076634, 8/29/85, resulted in a knife with a folding
blade, a hole puncher, phillips screwdriver, bottle opener-screw
driver device, and adjustable wrench jaws to be held classifiable
under item 649.79, TSUS.
Congress has indicated that earlier rulings must not be
disregarded in applying the Harmonized Code. The conference
report to the Omnibus Trade Bill states that on a case by case
basis prior decisions should be considered instructive in
interpreting the HTSUS, particularly where the nomenclature
previously interpreted in those decisions remains unchanged and
no dissimilar interpretation is required by the text of the
HTSUS. H. Rep. No. 100-576, 100th Cong., 2D Sess. 548 (1988) at
550. Subheading 8211.93.00, HTSUS, provides for knives having
other than fixed blades, and parts thereof. This description does
not materially differ from item 649.79, TSUS, which provides for
knives which have folding or other than fixed blades or
attachments.
The HTSUS provides that classification of articles is
governed by the General Rules of Interpretation (GRI's). With
the implementation of the HTSUS, the possibility of another
classification for this good has been raised. Under GRI 3 (b)
this tool could be considered a composite good with its essential
character imparted by the plier feature. If the plier feature was
considered the essential character of the tool, it would be
classifiable under subheading 8203.20.60, HTSUS, which provides
for pliers.
However, GRI 1 requires that classification be determined
according to the terms of the headings and any relative section
or chapter notes. The Explanatory Notes are the official
interpretation of the Harmonized Commodity Description and Coding
System (HCDCS). They provide commentary on the scope of each
heading of the HTSUS and are thus useful in ascertaining the
classification of merchandise. The Explanatory Notes, although
not dispositive, are to consulted when interpreting the HTSUS.
(54 Fed. Reg.35127,35128 (Aug.25,1989)). EN 82.11 (3) pg. 1113,
states that Heading 8211 covers "folding knives of all kinds with
handles of base metal, wood, horn, plastics, etc. This group
includes, inter alia: Pocket knives, pen knives, jack knives,
campers' knives, and sports knives (all of these knives may have
more than one blade, or be equipped with auxiliary corkscrews,
spikes, screwdrivers, scissors, can openers, etc.);pocket knives
for pruning, budding, grafting, etc." This EN describes the
Multi-Use Hand Tool. No analysis of the tool's essential
character is required because GRI 1 applies. The Multi-Use Hand
Tool under consideration, which is a knife with a blade that is
other than fixed, and which is equipped with other instruments,
is classifiable under subheading 8211.93.00, HTSUS, because of EN
82.11 (3) and prior rulings which found the subheading to be an
eo nomine provision.
HOLDING:
The Multi-Use Hand Tool is classified as a knife with other
than a fixed blade in subheading 8211.93.00, HTSUS.
Sincerely,
John Durant, Director
Commercial Rulings Division