CLA-2-39:R:N4:119 817768

Mr. Jack D. Mlawski
Galvin & Mlawski
440 Park Avenue South - 9th Floor
New York, NY 10016-8067

RE: The tariff classification of parts of a folding knife from China or Hong Kong

Dear Mr. Mlawski:

In your letter dated December 12, 1995 you requested a tariff classification and country of origin marking ruling on behalf of Zelco Industries, Mt. Vernon, NY.

The articles to be imported are parts of a folding knife that will be assembled in the United States with a blade and other metal parts of U.S. origin. The finished sample that you furnished is a folding knife measuring 3 1/4 inches in overall length with a 2 1/4 inch blade and a small hook cutter that can be pushed out for use by means of a slide button. The hook cutter automatically retracts once the button is released.

Specifically the imported items will consist of plastic handle halves and the plastic button. The left and right handle halves will be packed either together or each bulk packed separately. The plastic buttons will be bulk packed separately.

The applicable subheading for the plastic handle halves packed together will be 3926.90.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for handles and knobs, not elsewhere specified or included, of plastics. The duty rate will be 6.5 percent.

The applicable subheading for the plastic buttons and the plastic handle left and right halves packed separately will be 3926.90.9890, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics... other. The duty rate will be 5.3 percent.

In regard to the country of origin marking requirement, since these components will not be sold in their imported condition but will be used in the manufacture of finished knives, Zelco Industries is considered to be the ultimate purchaser of these components and only the containers need be marked with the country of origin. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

If you have any questions pertaining to this matter, please contact National Import Specialist Jacques Preston of this office at (212) 466-5488.

Sincerely,

Roger J. Silvestri
Director
National Commodity
Specialist Division