CLA-2-42:RR:NC:N3:341
Stephen M. Zelman
Stephen M. Zelman & Associates
888 Seventh Avenue, Suite 4500
New York, NY 10106
RE: The tariff classification of a backpack, a multi-tool, a carabiner, and a compass from China
Dear Mr. Zelman:
In your letter dated June 7, 2007, you requested a classification ruling on behalf of your client, Fownes Brothers & Co. Your samples will be returned as requested.
The sample submitted is a backpack with a multi-tool, a carabiner, and a compass, style number 531/SM-14251WA. The backpack is constructed with an outer surface of man-made textile material. The backpack is designed to provide the useful functions of storage, protection, organization, and portability for personal effects during travel. The interior of the backpack has an unlined storage compartment with no additional features and a zippered closure. The exterior of the backpack has two mesh pockets and one additional pocket. It also has two shoulder straps that allow the bag to be worn on the back. It measures approximately 11” (W) x 15” (H). Attached to the backpack by means of an aluminum carabiner are a multi-tool with folding knife and a compass.
In your letter, you suggest the multi-tool and compass do not possess an essential character and therefore should be classified based on the feature whose classification appears last in numerical order, GRI 3(c). Consideration was given to classifying the multi-tool (with the folding knife) within subheading 8513.10.2000, Harmonized Tariff Schedule of the United States (HTSUS). Also, consideration was given to classifying the compass with the folding knife and screwdriver within subheading 9014.10.1000, HTSUS, as you suggested. The Explanatory Notes state heading 8211 covers pocket knives equipped with auxiliary items. Accordingly, no analysis of the tool’s essential character is required for these items because GRI 1 applies.
The applicable subheading for the backpack will be 4202.92.3020, HTSUS, which provides for travel, sport, and similar bags, with outer of textile material, of man-made fibers, backpacks. The duty rate will be 17.6% ad valorem
The applicable subheading for the carabiner will be 7616.99.5090, HTSUS, which provides for other articles of aluminum, other. The rate of duty will be 2.5% ad valorem.
The applicable subheading for the multi-tool and compass will be 8211.93.0030 (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: pen knives, pocket knives and other knives which have folding blades. 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/.
HTSUS 4202.92.3020 falls within textile category 670. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.
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 Vikki Lazaro at 646-733-3041.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division