CLA-2 CO:R:C:M 953588 DFC
Admissibility
Mr. J. M. Peters
Peters & Company
2211 Ala Wai Blvd. (#3212)
Honolulu, HI 96815
RE: Knife, belt buckle; Composite good; Switchblade Knife Act;
19 CFR 12.95(a)(1)
Dear Mr. Peters;
In a letter dated December 31, 1992, you inquired as to the
tariff classification under the Harmonized Tariff Schedule of the
United States (HTSUS), of a belt buckle knife with four spare
steel blades manufactured in China and/or Taiwan. You also
inquired as to the proper country of origin marking of the
merchandise and whether it is admissible into the U.S. A sample
was submitted for examination.
FACTS:
The merchandise consists of an ornate brass belt buckle with
a raised center section which is actually the handle of a
removable knife with a retracted steel blade which releases upon
removal of the knife from the buckle. The handle slides out of
the belt buckle at which point the exposed blade locks into
position and the open knife is lifted out of the groove ready to
be used. To close the knife, the blade is positioned inside the
groove and the handle is pressed against a nipple on the floor of
the groove disengaging the blade lock and allowing the handle to
slide into position and enclose the blade completely within the
belt buckle. The knife handle measures 2 inches in length while
the blade measures 1-3/4 inches long.
ISSUES:
What is the proper tariff classification of the belt buckle
knife with its four spare blades?
How should the merchandise be marked to indicate the country
of origin?
-2-
Does the presence of knife blade in the buckle cause this
merchandise to be a prohibited importation?
LAW AND ANALYSIS:
CLASSIFICATION
Classification of goods under the HTSUS is governed by the
General Rules of Interpretation (GRI's). GRI 1 provides that
"classification shall be determined according to the terms of the
headings and any relative section or chapter notes, and provided
such headings or notes do not otherwise require, according to
[the remaining GRI's taken in order]. In other words,
classification is governed first by the terms of the headings of
the tariff and any relative section or chapter notes.
Inasmuch as the belt buckle knife is a composite good
(buckle plus a knife), its classification is governed by GRI
3(b), HTSUS, which reads as follows:
3. When, by application of rule 2(b) or for any other
reason, goods are, prima facie, classifiable under two
or more headings, classification shall be effected as
follows:
(b) Mixtures, composite goods consisting of different
materials or made up of different components . . .
which cannot be classified by reference to 3(a),
shall be classified as if they consisted of the
material or component which give them their
essential character, insofar as this criterion is
applicable.
The belt buckle knife with four spare blades is prima facie
classifiable under subheading 8211.93.00, HTSUS, which provides
for knives having other than fixed blades, and parts thereof
(except blades) [See, HRL 952988 dated February 4, 1993] or under
subheading 8308.90.60, HTSUS, which provides for buckles and
buckle clasps, and parts thereof.
The Harmonized Commodity Description and Coding System
Explanatory Notes to the HTSUS (EN), although not dispositive,
should be looked to for the proper interpretation of the HTSUS.
SEE, 54 FR 35128 (August 23, 1989). EN (IX) to GRI 3(b), at page
4, reads as follows:
-3-
(IX) For the purposes of this Rule, composite goods made up
of different components shall be taken to mean not only
those in which the components are attached to each
other to form a practically inseparable whole but also
those with separable components, provided these
components are adapted one to the other and are
mutually complementary and that together they form a
whole which would not normally be offered for sale in
separate parts.
Composite goods are classifiable as if they consisted
of the component which gives them their essential character. EN
VIII to GRI 3(b), at page 4, reads as follows:
(VIII) The factor which determines essential character
will vary as between different kinds of goods. It
may, for example, be determined by the nature of
the materials or component, its bulk, quantity,
weight or value, or by the role of a constituent
material in relation to the use of the goods.
It is our observation that the essential character of the
article is derived from the belt buckle. Because of the small
size of the knife handle and blade, we find that the buckle's
alternate function as a cutting tool is secondary to its primary
function which is to act as a belt buckle. In view of our
finding that the essential character of the article is derived
from its buckle portion, classification is under subheading
8308.90.60, HTSUS.
Even if the knife function were equally essential and the
essential character of the article could not be determined,
classification under subheading 8308.90.60, HTSUS, would be
appropriate following GRI 3(c), HTSUS, which states that "[w]hen
goods cannot be classified by reference to 3(a) or 3(b), they
shall be classified under the heading which occurs last in
numerical order among those which equally merit consideration."
-4-
MARKING
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C.
1304) requires that:
Except as hereinafter provided, every article of
foreign origin (or its container, as provided in
subsection (b) hereof) imported into the United States
shall be marked in a conspicuous place as legibly,
indelibly, and permanently as the nature of the article
(or container) will permit in such manner as to
indicate to an ultimate purchaser in the United States
the English name of the country of origin of the
article.
Section 134.43, Customs Regulations (19 CFR 134.43) provides
that certain articles, including knives, shall be marked with the
country of origin by die stamping, engraving or similar marking.
Knives with folding or retractable blades are generally marked on
the main blade. In this case such marking of the country of
origin on the back of the buckle may be more appropriate.
However, either form of marking would be acceptable as long as it
complies with the law and regulations.
ADMISSIBILITY
The Switchblade Knife Act (15 U.S.C. 1241-1245), prohibits
the introduction, manufacture, transportation or introduction
into interstate commerce of any switchblade knife.
Section 12.95(a)(1), Customs Regulations (19 CFR
12.95(a)(1)), provides in pertinent part that a switchblade knife
means any imported knife with a blade which opens automatically
by hand pressure applied to a button or device in the handle of
the knife, or any knife with a blade which opens automatically by
operation of inertia, gravity, or both.
Examination of the sample reveals that the buckle contains a
knife with a blade that opens by simply sliding the knife out of
the buckle groove. No other action is required to open the
blade. It is our observation that this operation is an automatic
one that is made possible by the use of a spring mechanism in the
handle. Consequently, the article is a switchblade knife as
defined in section 12.95(a)(1), Customs Regulations (19 CFR
12.95(a)(1), and is prohibited from entering the U.S. by 15
U.S.C. 1241-1245).
-5-
HOLDING:
The buckle knife with its four spare blades is a composite
good classifiable under subheading 8308.90.60, HTSUS. The
applicable rate of duty for this provision is 5.7% ad valorem.
The presence of a switchblade knife in the buckle causes
this merchandise to be a prohibited importation.
Sincerely,
John Durant, Director
Commercial Rulings Division