CLA-2-82:OT:RR:NC:1:118
Mr. Artem Kalajyan
Olympia Tools International Inc.
18051 Arenth Avenue
City of Industry, CA 91748
RE: The tariff classification of a blade holder and replacement blades set from China.
Dear Mr. Kalajyan:
In your letter dated August 18, 2009, you requested a tariff classification ruling.
The submitted sample, item number 334nb, consists of a knife blade holder and five metal replacement blades. The knife blade holder is made of stainless steel and aluminum. This knife handle has a retractable slide mechanism that is activated by depressing a button on the top of the handle. When the mechanism is extended, one of the replacement blades can be inserted and locked into the holder. You have stated that the knife blade holder will not have a blade installed at the time of importation. It will, however, be packaged for retail sale with the five replacement blades.
The applicable subheading for the blade holder and replacement blades set will be 8211.93.0060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for knives with cutting blades, serrated or not, other than knives of heading 8208, and blades and other base metal parts thereof: other: knives having other than fixed blades: other. The duty rate will be 3¢ each + 5.4% ad valorem. The ad valorem part of the applicable rate of duty (5.4%) is assessed on the total value (the knife with its blades) and the specific duty (3¢) is assessed on each of the six pieces.
Consideration was given to your proposed classification of the blade holder and replacement blades as a set in subheading 8466.10.0175, HTSUS, which provides for “Parts and accessories suitable for use solely or principally with the machines of headings 8456 to 8465, including work or tool holders, self-opening dieheads, dividing heads and other special attachments for machine tools; tool holders for any type of tool for working in the hand: Tool holders and self-opening dieheads: Other.” As rationale for such classification, you cite GRI 3. Heading 8211 provides for “knives with cutting blades.” The heading includes knives with interchangeable blades whether or not the blades are contained in the handles. Inasmuch as the knife, packaged with the interchangeable blades, is provided for in heading 8211 pursuant to GRI 1, it is not necessary to examine the merchandise pursuant to GRI 3. As a result, classification in subheading 8466.10.0175, HTSUS, has been determined to be inappropriate in this instance.
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