RES-2-82:RR:NC:N1:118
Mr. Artem Kalajyan
Olympia Tools International, Inc.
18051 Arenth Avenue
City of Industry, CA 91748
RE: The admissibility and tariff classification of a folding knife from China.
Dear Kalajyan:
In your letter dated July 29, 2009, you requested a ruling on the admissibility of a folding knife. The sample you have submitted is being returned as requested.
You have described the submitted sample as a folding knife (20090531018) with a unique blade release mechanism. You have stated that the knife you intend to import, model number 33-999, is substantially similar to the submitted sample and will only differ in color and aesthetics.
The knife features a four inch handle and three inch metal blade. The blade folds into the handle when not in use and is manually released by turning a safety dial located within the handle. Once the safety dial is turned, the blade is manually pulled out of the handle and can be locked in an open position. When closing the blade, the safely dial must be turned to unlock the blade and it is then manually pushed back into the handle. The knife does not contain any type of spring-assisted opening or closing mechanism or any other similar bias mechanism.
The subject knife is not a switchblade knife within the meaning of 19 CFR 12.95(a)(1). Therefore, the subject knife is permitted unrestricted entry into the United States.
The applicable subheading for the folding knife (model number 33-999) will be 8211.93.0030, Harmonized Tariff Schedules of the United States (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/.
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 Kathy Campanelli at (646) 733-3021.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division