CLA-2-82:OT:RR:NC:N4:415
Ms. Carol M. Shelsy
Euro-American Air Freight Forwarding Co., Inc.
Building 5, 375 Airport Drive
Worcester, MA 01602
RE: The tariff classification and marking of a knife blade from Russia.
Dear Ms. Shelsy:
In your letter dated April 29, 2021, you requested a tariff classification ruling on behalf of your client, Gear Point, Inc.
Images were submitted in lieu of a sample.
The product under consideration is described as a stainless-steel knife blade that will be made in Russia and will be used to assemble a fixed-bladed scallop knife for use in the scallop fishing industry. Per your submission, after importation, the tang will be inserted into either a gum rubber tube or a polyvinyl chloride (PVC) plastic tube to form the handle.
The applicable subheading for the scallop knife blade will be 8211.94.1000, 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: [b]lades: [f]or knives having fixed blades.” The column one, general rate of duty is .16 cents each plus 2.2 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 at https://hts.usitc.gov/current.
With regard to the appropriate country of origin marking of these knife blades, section 304, Tariff Act of 1930, as amended (19 USC 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.
Certain types of articles must be marked in a specified manner as required by 19 CFR 134.43. Knives are specifically identified in this regulatory provision as articles that must be marked legibly and conspicuously by die stamping, cast-in-the-mold lettering, etching, or engraving.
Pursuant to Part 134, Customs Regulations (19 CFR 134) implements the country of origin marking requirements and exceptions of 19 USC 1304. Section 134.1(b), Customs Regulations (19 CFR 134.1(b)), defines “country of origin” as: “[t]he country of manufacture, production or growth of any article of foreign origin entering the United States. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the ‘country of origin’ within the meaning of this part.” A substantial transformation occurs when an article emerges from a process with a new name, character or use different from that possessed by the article prior to processing. A substantial transformation will not result from a minor manufacturing or combining process that leaves the identity of the article intact. See National Hand Tool Corp. v. United States, 16 CIT 308 (1992), aff’d, 989 F.2d 1201 (Fed. Cir. 1993).
In HQ 733301, dated August 8, 1990, analysis on determining the country of origin of a kitchen knife with a wood or plastic handle is discussed. In the ruling, the general opinion provided is that it is the blade that provides the essential character and adding the handle would be simple assembly. In this instance, the addition of a Malaysian or U.S. origin tubing handle would not impact the country of origin. As the knife blade is made wholly in Russia, it must be conspicuously marked using either die stamping, cast-in-the-mold lettering, etching, or engraving, Made in Russia, that will remain visible after the handle is attached.
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