CLA-2-93:OT:RR:NC:N3:140
Mr. Jeffrey David Modell
Modell Design LLC
23790 Woodlynne Drive
Bingham Farms, MI 48025-3461
RE: The tariff classification and marking of martial arts weapons from Pakistan
Dear Mr. Modell
In your letter dated May 10, 2019, you requested a tariff classification, and marking ruling on several martial arts weapons.
You requested a classification ruling for a martial arts weapon called a “Karate Sai”.
You provided the following description of the article.
1) Karate Sai: These are blunt Karate training weapons. They are also (less commonly) used for weapon-on-weapon training against staffs and Sai. They look like hand-held tridents. The rod running down the center is called the "blade" even though it is either shaped as a cylinder or octagonal, and has no knife edge anywhere. The two quillons (sticking out where a hilt would be on a sword) are known as "tines." Much of the striking during martial arts practice is accomplished using the blade as a truncheon. The blade is also used to block, especially when the Sai is held in a reverse fashion so the blade runs adjacent to the arm. The butt of the Sai is frequently used to punch when the weapon is held in a reverse grip. The tines and blade have blunt tips. The inventory of martial arts techniques includes poking with the tip of the blade (called a "stab") and raking with the tines. The tines can be used to catch and trap a long sword. Karate Sai are made of metal or plastic. Most Sai are low quality, soft metal. The Sai in question will be made of weapons-grade steel, professionally tempered. They will be polished to a mirror finish so as to best resist corrosion (no chrome plating). Chrome plating flakes off, and once penetrated traps moisture between the chrome and the steel resulting in accelerated rusting. Martial artists prize shiny weapons so as to make their performances more dramatic, especially in tournaments. The tine and blade tip will be blunt. The blade will be a cylinder rather than octagonal. They will be designed by Modell Design LLC in the USA, made in Pakistan and imported by Modell Design LLC from Pakistan to the USA.
In addition to the classification ruling requested on the Karate Sai, you also requested a ruling on the marking requirements and a determination of the term “steels” as they relate to the Karate Sai and several other products as listed below.
Specifically, you requested us to review if the Swords/Martial Arts Training Equipment and Kung Fu martial arts swords are required to have the country of origin marking engraved, etched, stamped or in raised lettering on each product (as though they were knives) when imported from Pakistan into the USA.
You indicate that (both long swords and "Butterfly Swords") and Karate Sai” are made of weapons-grade steel. You provided pictures, video web-links and detailed descriptions of these products.
The other items for which marking review were requested are:
2) Kung Fu Butterfly Swords. You indicate that this weapon is a staple of Chinese martial arts. They are hand held short swords with blade lengths typically ranging from about 12" to 16.5" used when practicing certain martial arts. They can be made from plastic, poor quality metal or high quality metal. Handle material varies. They can be blunt or martial arts sharp. Properly sharp for purposes of swords is a less acute edge than one would see on a short knife due to the risk of nicking the blade. The weapons in question, as imported, will be high quality, weapons-grade steel, professionally tempered, mostly blunt but sometimes martial arts sharp. They will be designed by Modell Design LLC in the USA, made in Pakistan and imported by Modell Design LLC from Pakistan to the USA.
You indicate that: “Hung Gar, Shaolin and most other forms of Kung Fu use blades generally ranging from 15 1/2" to 16 1/2”, and use a different Chinese term for the weapon. The translation is "Butterfly Swords." The general public in the USA appears to call all of these weapons "Butterfly Swords" with mostly Wing Chun practitioners getting technical. You indicate that these are sometimes referred to as Butterfly “Knives.” However these are substantially different in design from those normally known by that name, which are also called “balisong” and possess a folding handle. The product under review here has a fixed blade and handle with a fixed metal guard.
And;
3)Kung Fu Long Swords. You state that “These are exactly what they sound like and what one expects and would see in a Kung Fu movie.” Additionally you indicate the “the blade is long and thin relative to Butterfly Swords. The swords in question will be high quality capable of serving as a military weapon if sharp. Some will be blunt. Some will be sharp.” They will be designed by Modell Design LLC in the USA, made in Pakistan and imported by Modell Design LLC from Pakistan to the USA.
The applicable subheading for the Karate Sai will be 9307.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Harmonized Tariff Schedule of the United States (HTSUS), which provides for swords, cutlasses, bayonets, lances and similar arms and parts thereof and scabbards and sheaths therefor. The rate of duty will be 2.7% ad valorem.
In a follow up email you also asked us to address the interpretation of the word “steels” for tariff marking purposes. We note that all articles reviewed are similar, in that they will be classifiable under sub-heading 9307.00.
Regarding the Country of Origin Marking for the Karate Sai, the Kung Fu Butterfly Swords, and the the Kung Fu Long Swords we find the following.
In Headquarters Ruling HQ 561254, dated March 27, 2000, the issue of marking of articles of Heading 9307, and the term “steels” for purposes of the special marking requirements, was addressed for a similar product.
In that ruling it was indicated that:
“In determining what articles are encompassed by the term “steels,” we note that prior to its amendment in 1989, previous versions of section 134.43(a) listed both the names of the articles subject to the requirements as well as the provisions of the Tariff Schedules of the United States (TSUS) in which these articles were classified. See Treasury Decision (T.D.) 89-1. Examination of these subheadings reveals that they encompassed utility and working tools and would not have encompassed the swords under consideration here. Additionally, while the current Harmonized Tariff Schedule of the United States (HTSUS), uses the term “steels” in subheading 8205.51.15, HTSUS, in connection with “Carving and butcher steels, with or without handles,” the subject articles appear to be properly classifiable under subheading 9307.00.00, HTSUS. Accordingly, we find that the reproduction samurai swords are not within a "class or kind" of any of the articles listed in 19 CFR 134.43, and are not subject to its special marking requirements.”
Although that ruling specifically addressed “replica swords”, it is our opinion, that ruling language clearly states that swords are not considered “steels” for purposes of the special marking regulations. We verified this interpretation with our headquarters office. In that ruling the following advice was given, and is applicable to the instant merchandise.
Articles imported unded Heading 9307 must still meet the general requirements for permanency and conspicuousness under 19 U.S.C. 1304.
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.
As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.
With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.
The marking must be of a degree of permanence sufficient to insure that in any reasonably foreseeable circumstances the marking will remain on the article until it reaches the ultimate purchaser unless it is deliberately removed. The marking must survive normal distribution and store handling. Further, the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. With specific reference to labels, 19 CFR 134.44(b) provides that labels or paper stickers must be affixed in a conspicuous place and so securely that unless deliberately removed they will remain on the article while it is in storage or on display and until it is delivered to the ultimate purchaser.
You did not provide specific details, regarding either the precise manner in which the swords will be presented for sale, or the size and proposed placement of any adhesive sticker displaying the country of origin. Marked samples were not submitted. Stickers or labels on these articles must withstand normal handling during shipping and distribution. Any marking method must meet the standard of permanence for stickers and labels set forth at sections 134.41(b) and 134.44(b), Customs Regulations (19 CFR 134.41(b) and 19 CFR 134.44(b)). However, the placement of a sticker (or hang tag) on the blade would be acceptable provided that, at the time of entry, if Customs is satisfied that the sticker (or hang tag) is sufficiently affixed to remain on the blade until it reaches the ultimate purchaser.
Additionally, under 19 CFR 134.32(d), if the swords are imported in boxes which are properly marked to indicate their country of origin, and Customs is satisfied that the swords will reach the ultimate purchaser in such boxes, then the swords may be excepted from individual marking, provided that the container marking is sufficient to meet the general requirements for conspicuousness and legibility.
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 the 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 Paul Hodgkiss at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division