CLA-2-82:OT:RR:NC:N4:415
Mr. Mark Camiller
Wild and Wolf
20 Manvers Street
Bath, BA1 1JW
United Kingdom
RE: The tariff classification of an outdoor survival kit from China.
Dear Mr. Camiller:
In your letter dated February 14, 2019, you requested a tariff classification ruling.
A sample was provided and will be retained.
The article under consideration is described as an outdoor survival kit. The kit is packaged in a steel tin and features a penknife, flint and steel, rope, safety pins, a wire saw, tweezers, and a compass. As these items do not meet the requirements to be considered a set for classification purposes, they must be classified separately, General Rule of Interpretation 3(b) noted.
The applicable subheading for the penknife will be 8211.93.0035, Harmonized Tariff Schedule of the United States (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 general, column one rate of duty is 3 cents each plus 5.4 percent ad valorem.
The flint and steel consists of a small rod attached to a plastic handle (flint) and a metal piece with one serrated edge (striker) tied together with a string threaded through holes in the flint and striker. The sample of the flint submitted was forwarded to the U.S. Customs laboratory for analysis. Lab analysis found that the rod had a black coating and was principally an alloy of rare earth metals with iron. It was composed mostly of cerium, iron, lanthanum, and zinc.
The applicable subheading for the flint and steel will be 3606.90.3010, HTSUS, which provides for “[f]errocerium and other pyrophoric alloys in all forms; articles of combustible materials as specified in note 2 to this chapter: [o]ther: [f]errocerium and other pyrophoric alloys: [p]ut up in forms or in packages for retail sale. The general, column one rate of duty is 5.9% percent ad valorem.
The applicable subheading for the nylon rope, which features metal fittings on each end, will be 5609.00.3000, HTSUS, which provides for “[a]rticles of yarn, strip or the like of heading 5404 or 5405, twine, cordage, rope or cables, not elsewhere specified or included: [o]f man-made fibers.” The general, column one rate of duty is 4.5 percent ad valorem.
The applicable subheading for the steel tin will be 7310.29.0050, HTSUS, which provides for “[t]anks, casks, drums, cans, boxes and similar containers, for any material (other than compressed or liquefied gas), of iron or steel, of a capacity not exceeding 300 liters, whether or not lined or heat insulated, but not fitted with mechanical or thermal equipment: [o]f a capacity of less than 50 liters: [o]ther: [o]ther.” The general rate of duty is Free.
The applicable subheading for the safety pins will be 7319.40.2050, HTSUS, which provides for [s]ewing needles, knitting needles, bodkins, crochet hooks, embroidery stilettos and similar articles for use in the hand, of iron or steel; safety pins and other pins of iron or steel, not elsewhere specified or included: [s]afety pins and other pins: [s]afety pins: [o]ther.” The general, column one rate of duty is 4.5 percent ad valorem.
As the multi-strand stainless steel wire saw is not more specifically provided for elsewhere, the applicable subheading will be 7326.90.8688, HTSUS, which provides for “[o]ther articles of iron or steel: [o]ther: [o]ther: [o]ther: [o]ther: [o]ther.” The general, column one rate of duty is 2.9 percent ad valorem.
The applicable subheading for the tweezers will be 8203.20.2000, HTSUS, which provides for “[f]iles, rasps, pliers (including cutting pliers), pincers, tweezers, metal cutting shears, pipe cutters, bolt cutters, perforating punches and similar handtools, and base metal parts thereof: [p]liers (including cutting pliers), pincers, tweezers and similar tools, and parts thereof: [t]weezers.” The general, column one rate of duty is 4 percent ad valorem.
The applicable subheading for the compass will be 9014.10.9000, HTSUS, which provides for “[d]irection finding compasses; other navigational instruments and appliances; parts and accessories thereof: [d]irection finding compasses: [o]ther: [o]ther: [o]ther. The general rate of duty is Free.
Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974). Products of China that are provided for in subheading 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings.
Products of China classified under subheading 9014.10.90, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.02, in addition to subheading 9014.10.9000, HTSUS, listed above.
Products of China classified under subheading 5609.00.30, 7310.29.00, 7326.90.86, 8203.20.20, and 8211.93.00, HTSUS, unless specifically excluded, are subject to the additional 10 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 5609.00.3000, 7310.29.0050, 7326.90.8688, 8203.20.2000, and 8211.93.0035, HTSUS, listed above.
The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.
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 at https://hts.usitc.gov/current.
Your product, specifically the flint and striker, may be subject to prohibition and recall under the laws and regulations administered by the Consumer Product Safety Commission (CPSC). You are advised to contact the CPSC to determine if your merchandise complies with pertinent safety standards and regulations. Import compliance information may be obtained by calling (301) 504-7912 or by e-mail contact through their website at www.cpsc.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 Kristopher Burton at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division