MAR-2 OT:RR:NC:1:118
Ms. Constance Zimmerman
C. Zimmerman Inc.
P.O. Box 39045
Denver, CO 80239
RE: COUNTRY OF ORIGIN MARKING AND CLASSIFICATION OF KNIVES FOR TEMPORARY IMPORTATION
Dear Ms. Zimmerman:
This is in response to your letter dated December 7, 2010, requesting a marking and classification ruling on behalf of your client, Boker USA Inc.
You have stated that it is the intent of your client to import fixed blade knives from China for the sole purpose of having Kydex Sheaths made for each knife. The knives (model number 02B0271) are fixed blade utility knives with G-10 scales. You have stated that the knives “do not have the same 100% handle scales and the sheath must be made to fit each knife individually.” This is done by “molding the Kydex sheet around each individual knife.” Upon completion of the sheaths, the knives and their respective sheaths will be packaged together and will be exported to Germany. You have suggested that subheading 9813.00.55, Harmonized Tariff Schedule of the United States, (HTSUS), (articles of special design for temporary use exclusively in connection with the manufacture or production of articles for export) may be applicable to this situation.
The applicable subheading for the 02B0271 fixed blade utility knives with special G-10 handle scales, entered for temporary use to serve as individual molds for the manufacture of fitted Kydex sheaths, will be 9813.00.55, HTSUS, which provides for articles of special design for temporary use exclusively in connection with the manufacture or production of articles for export. The knives will be afforded duty-free treatment provided all requirements are met.
In addition to the classification issue, you have requested a marking ruling. The knives will be imported from China so that Kydex Sheaths can be made. Inasmuch as it is Boker’s intent to export the knives to Germany after the sheaths have been made, and the knives will not enter the commerce of the United States, exception from country of origin marking is sought.
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.
Generally, all articles of foreign origin imported into the United States (or in certain instances, their containers) must be marked to indicate the country of origin to the ultimate purchaser in accordance with 19 U.S.C. 1304, unless the merchandise is excepted from the marking requirements under 19 U.S.C. 1304(a)(3). In the instant case, there is no indication or contention that the fixed blade knives would qualify for one of the exceptions from the marking requirements listed in 19 U.S.C. 1304(a)(3). Therefore, the knives are presumptively subject to the marking requirements.
Subsection (g) of 19 U.S.C. 1304 provides that no imported article held in Customs custody for inspection, examination or appraisement shall be delivered until that and every other article of an importation (or its container) is marked as per 19 U.S.C. 1304 or additional duties for failure to mark are deposited pursuant to 19 U.S.C. 1304(f).
Not withstanding the above, Customs has allowed for unmarked items, temporarily imported under bond, to be released to the importer without being marked to indicate the country of origin. The additional marking duties are not assessed against such articles if they are exported within the bonded period (or any extension thereof).
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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 Kathy Campanelli at (646) 733-3021.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division