Customs Has Previously Classified Multi-Function Shears

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The "Wood Ranger Power Shears official site Cutter" has two angled blades articulated on a screw or pin at the middle with a finger ring at each end. One finger ring is for the user's thumb and the opposite finger ring is for one or more fingers. In response to the submitted literature, the "Power Cutter" is a multi-function cutter which permits the user to cut numerous things akin to: poultry components, carpet, linoleum, screening sheet metal, plastic, rubber, wire, or silk. The packaging for the "power shears Cutter" also signifies that it's able to chop a penny in half, prune plants, and Wood Ranger Power Shears official site minimize an aluminum can. The merchandise was entered underneath subheading 8203.30.00, HTSUS, as metallic reducing shears. The entry was liquidated under subheading 8213.00.90, HTSUS, as scissors and comparable shears. 8203.30.00: Files, rasps, pliers (including slicing pliers), tweezers, metallic reducing shears, pipe cutters, bolt cutters, perforating punches and related handtools. Goods classifiable below this provision have a normal, column one rate of duty of 4.2 percent ad valorem.



8213.00.90 Scissors, tailors' shears and related shears, and blades . 0.10 each plus 10 p.c ad valorem. Is the "Power Cutter" classifiable as metal cutting shears or as different scissors underneath the HTSUS? Classification of merchandise below the HTSUS is in accordance with the final Rules of Interpretation (GRI's), taken in order. GRI 1 supplies that classification shall be determined in response to the phrases of the headings and any relative part or chapter notes. The Harmonized Commodity Description and Coding System Explanatory Notes (EN) represent the Customs Cooperation Council's official interpretation of the HTSUS. While not legally binding, the ENs present a commentary on the scope of each heading of the HTSUS and are typically indicative of the right interpretation of these headings. See T.D. 89-80, 54 Fed.Reg. The scissors categorized in this heading consist of two superimposed blades, generally serrated, articulated on a screw or pin close to the middle. In general, the heading covers solely those scissors by which each blade is fitted, at one end, with a finger ring.



The blades could also be in a single piece, encompass jointed slicing blades and handles. Customs has beforehand classified multi-objective shears, able to cutting via steel, plastic, cardboard, and so forth., in NY 886243, dated June 13, 1993. In NY 886243, the area Director of the brand Wood Ranger Power Shears official site new York Seaport decided that the multi-purpose shears, having angled blades and huge plastic ring handles, had been classifiable beneath subheading 8213.00.90, HTSUS, which gives for Wood Ranger Power Shears official site different scissors and similar shears. The "Wood Ranger Power Shears features Cutter" is just like the multi-objective shears which had been categorised in NY 886243 because both cutters have angled blades and Wood Ranger Power Shears official site large ring handles. We find that the "Wood Ranger Power Shears sale Cutter" meets the outline of scissors in EN 82.13, and is classifiable below subheading 8213.00.90, HTSUS, which offers for other scissors and similar shears. The protestant argues that the "Power Cutter" is a utility tool because it's used to cut sheet metallic, plastic, carpet, flooring and other related gadgets. However, there isn't a HTSUS provision for "utility instruments".



Because the "Power Cutter" can reduce metal, the protestant believes that it is greater than a scissor and must be categorised below subheading 8203.30.00, HTSUS, as steel cutting shears. Heading 8203, HTSUS, provides for plier-kind of shears used for reducing steel. The "Wood Ranger Power Shears specs Cutter" just isn't a plier-sort of shears and is able to cutting extra than just steel. It is usually able to cutting numerous things akin to: poultry parts, carpet, linoleum, plastic, rubber, wire, silk. Because the "Wood Ranger Power Shears features Cutter" meets the outline of scissors and does not lower only steel, we find that it isn't the kind of shears lined under heading 8203, HTSUS. The protest is DENIED. Any reliquidation of the entry in accordance with the choice have to be achieved previous to mailing of the choice. Sixty days from the date of the decision the Office of Regulations and Wood Ranger Power Shears official site Rulings will take steps to make the choice available to Customs personnel by way of the Customs Rulings Module in ACS and the public through the Diskette Subscription Service, Lexis, Freedom of data Act and other public access channels.