CLA-2-82:OT:RR:NC:N4:415
Andreas Hanusch
A.C.I., Ltd.
Gifu-Shi, Suga 1-1-1
Gifu-Ken, Gifu-Shi, 500-8289
Japan
RE: The tariff classification of three individual knives and a set including three knives from Japan.
Dear Mr. Hanusch:
In your letter dated June 19, 2023, you requested a tariff classification ruling.
Images were submitted in lieu of samples.
The four products under consideration include three types of unique kitchen knives and a set consisting of those three specific knives. The first is a gyuto knife, model number NJ-002, and measures 13.4 inches in total length. The second is a santoku knife, model number NJ-001, and measures 12.2 inches in total length. The third is a petty knife, model number NJ-003, and measures 9.8 inches in total length. The blades are made from molybdenum vanadium steel with a titanium coating. Your correspondence indicates these knives will be made wholly in Japan and will feature handles from resin plastic with a steel end cap. Regarding the fourth item, a set of the three knives listed above, we note the three knives hold the same subheading classification, thus, they would not constitute a “set” for classification purposes.
The applicable subheading for each of the listed three knives and the separate set containing these three knives will be 8211.92.2000, 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: [o]ther knives having fixed blades: [w]ith rubber or plastic handles: [k]itchen and butcher knives.” The column one, general rate of duty is 0.8 cents each plus 4.6 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.
In your request, you ask for additional information concerning the marking of these knives and their set.
With regard to the appropriate country of origin marking of these kitchen knives, 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. However, U.S. Customs and Border Protection (CBP) has previously ruled that such articles may be excepted from individual marking if the marking of their containers will reasonably indicate the origin of the articles pursuant to 19 CFR 134.32(d).
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