Customs Has Previously Classified Multi-Goal Shears
The "Wood Ranger Power Shears website 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 consumer's thumb and the opposite finger ring is for a number of fingers. According to the submitted literature, the "Power Cutter" is a multi-objective cutter which permits the user to cut numerous issues equivalent to: poultry components, carpet, linoleum, screening sheet metallic, plastic, rubber, wire, or silk. The packaging for the "Power Cutter" additionally signifies that it is ready to cut a penny in half, prune plants, and reduce an aluminum can. The merchandise was entered underneath subheading 8203.30.00, HTSUS, as metallic slicing shears. The entry was liquidated under subheading 8213.00.90, HTSUS, as scissors and comparable shears. 8203.30.00: Files, rasps, pliers (including reducing pliers), tweezers, metallic slicing shears, pipe cutters, bolt cutters, perforating punches and comparable handtools. Goods classifiable underneath this provision have a common, column one rate of duty of 4.2 p.c ad valorem.
8213.00.Ninety Scissors, tailors' shears and related shears, and blades . 0.10 each plus 10 % ad valorem. Is the "Power Cutter" classifiable as steel chopping shears or as different scissors beneath the HTSUS? Classification of merchandise beneath the HTSUS is in accordance with the final Rules of Interpretation (GRI's), taken so as. GRI 1 provides that classification shall be determined in keeping with the terms of the headings and any relative section 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 provide a commentary on the scope of each heading of the HTSUS and are usually indicative of the right interpretation of those headings. See T.D. 89-80, 54 Fed.Reg. The scissors categorised on this heading include two superimposed blades, typically serrated, articulated on a screw or pin close to the center. Normally, the heading covers only these scissors in which every blade is fitted, at one end, with a finger ring.
The blades could also be in a single piece, encompass jointed cutting blades and handles. Customs has beforehand categorized multi-objective shears, capable of chopping by metallic, plastic, cardboard, etc., in NY 886243, dated June 13, 1993. In NY 886243, the world Director of the new York Seaport decided that the multi-purpose shears, having angled blades and large plastic ring handles, have been classifiable underneath subheading 8213.00.90, HTSUS, which gives for other scissors and related shears. The "electric power shears Cutter" is much like the multi-purpose shears which were categorized in NY 886243 because both cutters have angled blades and large ring handles. We find that the "Power Cutter" meets the description of scissors in EN 82.13, cordless power shears and is classifiable below subheading 8213.00.90, HTSUS, which gives for other scissors and comparable shears. The protestant argues that the "Power Cutter" is a utility device because it is used to chop sheet metal, plastic, carpet, flooring and other similar items. However, there is no such thing as a HTSUS provision for "utility tools".
Because the "Power Cutter" can cut metal, the protestant believes that it's greater than a scissor and ought to be labeled below subheading 8203.30.00, HTSUS, as metal reducing shears. Heading 8203, HTSUS, supplies for plier-type of shears used for slicing steel. The "Power Cutter" isn't a plier-type of shears and is capable of chopping extra than simply metallic. It's also able to cutting numerous issues reminiscent of: poultry parts, carpet, linoleum, Wood Ranger Power Shears specs Ranger Power Shears price plastic, rubber, wire, silk. Because the "electric power shears Cutter" meets the description of scissors and does not lower solely metallic, we find that it is not the type of shears lined below heading 8203, Wood Ranger Power Shears website HTSUS. The protest is DENIED. Any reliquidation of the entry in accordance with the choice have to be completed previous to mailing of the decision. Sixty days from the date of the decision the Office of Regulations and Rulings will take steps to make the decision out there to Customs personnel by way of the Customs Rulings Module in ACS and the public via the Diskette Subscription Service, Lexis, Freedom of data Act and other public entry channels.
