CLA-2-82:OT:RR:NC:N4:110
Mr. Michael Boggins
Inter Design
30725 Solon Industrial Parkway
P.O. Box 39606
Solon, OH 44139-0606
RE: The tariff classification of a multi-use tool from China
Dear Mr. Boggins:
In your letter dated March 8, 2016, you requested a tariff classification ruling. A sample was submitted with your ruling request and will be returned to you.
The product under consideration is identified as the #0716M Gun Tool. The item is a fold-out multi-use tool made of metal with textured aluminum coating for easy grip. At approximately 5 inches long, the Tac20™ can easily fit into a pack or range bag. The item has 20 tools that can be folded into the handle when not in use. The tools are described as a 3/32 inch flat screwdriver bit, 3/16 inch flat screwdriver bit, #0 Philips screwdriver bit, bit storage compartment, 3/32 inch punch, 8-32 male thread connector, 9/64 inch Allen driver, T15 Torx driver, T10 Torx driver, LED flashlight, A2 sight wrench, #1 Philips screwdriver bit, magnetic 1/4 inch bit driver socket, 3/8 inch Hex wrench, 1/2 inch Hex wrench, castle nut wrench, large flat screwdriver, knife and carabiner clip. The carabiner clip permits the tool to be attached to other articles. It is suggested that the #0716M Gun Tool is designed for military, law enforcement or civilian gun owners.
Classification under the Harmonized Tariff Schedule of the United States (HTSUS) is made in accordance with the General Rules of Interpretation (GRIs). GRI 1 provides that articles are to be classified by the terms of the headings and relative Section and Chapter Notes. For an article to be classified in a particular heading, the heading must describe the article, and not be excluded therefrom by any legal note. Headquarters Ruling 953015, dated February 24, 1993, ruled that a similar Multi-Use Hand Tool was classified as a knife with other than a fixed blade. The ruling cited Explanatory Note (EN) 82.11, which states Heading 8211 covers "folding knives of all kinds with handles of base metal, wood, horn, plastics, etc. This group includes, inter alia: Pocket knives, pen knives, jack knives, campers' knives, and sports knives (all of these knives may have more than one blade, or be equipped with auxiliary corkscrews, spikes, screwdrivers, scissors, can openers, etc.); pocket knives for pruning, budding, grafting, etc." Therefore, the ruling reasoned, the EN described the Multi-Use Hand Tool and no analysis of the tool's essential character was required because GRI 1 applied.
The applicable subheading for the #0716M Gun Tool will be 8211.93.0035, HTSUS, which provides for Knives with cutting blades, serrated or not (including pruning knives), other than knives of heading 8208, and blades and other base metal parts thereof: Other: Knives having other than fixed blades: Pen knives, pocket knives and other knives which have folding blades. The rate of duty will be 3 cents each plus 5.4 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 on World Wide Web at http://www.usitc.gov/tata/hts/.
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 Hope Abada at [email protected].
Sincerely,
Deborah C. Marinucci
Acting Director
National Commodity Specialist Division