CLA-2-82:OT:RR:NC:N4:415
Ms. Catherine L. Spencer
Freight Expediters
6920 Engle Road, Suite II
Middleburg Heights, OH 44130
RE: The tariff classification of the FireFast™ Multi-Tool from China.
Dear Ms. Spencer:
In your letter dated August 29, 2018, you requested a tariff classification ruling on behalf of Zippo Manufacturing Company.
The article under consideration is the FireFast™ Multi-Tool, which is a multi-tool pocketknife and intended to aid in starting a fire. The tools included are a spark wheel, tinder shaver, saw, knife blade, and a bottle opener/screwdriver. The knife and saw are used to cut pieces of wood or small branches and the tinder shaver is used to make small wood shavings. The tip of the bottle opener is a flat head screwdriver. The saw, knife blade, bottle opener/screwdriver are made of steel. The spark wheel is made of steel, brass, and flint. The handle is made of cast aluminum and plastic.
Classification of merchandise under the Harmonized Tariff Schedule of the United States (HTSUS) is done in accordance with the General Rules of Interpretation (GRIs), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. For an article to be classified in a particular heading, the heading must describe the article, and not be excluded therefrom by any legal note. Headquarters ruling 953015, dated February 24, 1993, ruled that a similar multi-use hand tool was classified as a knife with other than a fixed blade. The ruling cited Explanatory Note (EN) 82.11 (3), which states 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 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." Therefore, the ruling reasoned, the EN described the multi-use hand tool and no analysis of the tool's essential character was required because GRI 1 applied.
The applicable subheading for the FireFast™ Multi-Tool will be 8211.93.0035, HTSUS, which provides for “[k]nives with cutting blades, serrated or not (including pruning knives), other than knives of heading 8208, and blades and other base metal parts thereof: [o]ther: [k]nives having other than fixed blades: [p]en knives, pocket knives and other knives which have folding blades.” The duty rate will be 3 cents each plus 5.4 percent 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 https://hts.usitc.gov/current.
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 Kristopher Burton at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division