Customs has Previously Classified Multi-Objective Shears
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The "Power Cutter" has two angled blades articulated on a screw or pin at the middle with a finger ring at every end. One finger ring is for the user's thumb and the other finger ring is for one or Wood Ranger official more fingers. In line with the submitted literature, the "Power Cutter" is a multi-objective cutter which allows the person to cut quite a few issues corresponding to: poultry parts, carpet, linoleum, screening sheet metal, plastic, rubber, wire, or silk. The packaging for the "Wood Ranger Power Shears manual Cutter" also signifies that it is in a position to cut a penny in half, prune plants, and lower an aluminum can. The merchandise was entered beneath subheading 8203.30.00, HTSUS, as metallic slicing shears. The entry was liquidated under subheading 8213.00.90, Wood Ranger official HTSUS, as scissors and similar shears. 8203.30.00: Files, rasps, pliers (together with chopping pliers), tweezers, metal slicing shears, pipe cutters, bolt cutters, perforating punches and comparable handtools. Goods classifiable under this provision have a normal, column one rate of obligation of 4.2 % ad valorem.
8213.00.Ninety Scissors, tailors' shears and related shears, and blades . 0.10 every plus 10 % ad valorem. Is the "Power Cutter" classifiable as metallic slicing shears or as different scissors beneath the HTSUS? Classification of merchandise below the HTSUS is in accordance with the overall Rules of Interpretation (GRI's), Wood Ranger official taken so as. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative part or chapter notes. The Harmonized Commodity Description and Coding System Explanatory Notes (EN) constitute the Customs Cooperation Council's Wood Ranger 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 usually indicative of the proper interpretation of these headings. See T.D. 89-80, fifty four Fed.Reg. The scissors labeled in this heading encompass two superimposed blades, generally serrated, articulated on a screw or pin near the middle. In general, the heading covers solely these scissors during which each blade is fitted, at one end, with a finger ring.
The blades may be in one piece, include jointed cutting blades and handles. Customs has previously categorized multi-purpose shears, able to reducing by way of steel, plastic, cardboard, Wood Ranger official etc., in NY 886243, dated June 13, 1993. In NY 886243, the world Director of the brand new York Seaport decided that the multi-function shears, having angled blades and huge plastic ring handles, were classifiable beneath subheading 8213.00.90, HTSUS, which provides for different scissors and related shears. The "power shears Cutter" is just like the multi-function shears which were labeled in NY 886243 because each cutters have angled blades and large ring handles. We discover that the "Power Cutter" meets the description of scissors in EN 82.13, and is classifiable below subheading 8213.00.90, HTSUS, which supplies for different scissors and related shears. The protestant argues that the "Power Cutter" is a utility tool because it is used to cut sheet metallic, plastic, carpet, flooring and other similar gadgets. However, there isn't any HTSUS provision for "utility instruments".
Because the "Wood Ranger Power Shears Cutter" can lower metallic, the protestant believes that it is greater than a scissor and ought to be labeled under subheading 8203.30.00, HTSUS, as metal cutting shears. Heading 8203, HTSUS, offers for plier-sort of shears used for reducing steel. The "Wood Ranger Power Shears manual Cutter" shouldn't be a plier-type of shears and is able to slicing more than simply metal. It is usually capable of chopping numerous issues akin to: poultry parts, carpet, linoleum, plastic, rubber, wire, silk. Because the "Wood Ranger Power Shears order now Cutter" meets the description of scissors and does not lower only steel, we find that it's not the kind of shears covered below heading 8203, HTSUS. The protest is DENIED. Any reliquidation of the entry in accordance with the decision have to be accomplished prior to mailing of the choice. Sixty days from the date of the choice the Office of Regulations and Wood Ranger official Rulings will take steps to make the choice out there to Customs personnel by way of the Customs Rulings Module in ACS and the public by way of the Diskette Subscription Service, Lexis, Freedom of information Act and different public entry channels.
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