Customs Has Previously Classified Multi-Function Shears

The "Wood Ranger Power Shears order now Cutter" has two angled blades articulated on a screw or Wood Ranger brand shears 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 more fingers. In response to the submitted literature, the "Power Cutter" is a multi-purpose cutter which permits the user to cut numerous things reminiscent of: Wood Ranger brand shears poultry parts, carpet, linoleum, screening sheet metallic, plastic, rubber, wire, or silk. The packaging for Wood Ranger brand shears the "Wood Ranger Power Shears order now Cutter" additionally indicates that it is in a position to cut a penny in half, prune plants, and lower an aluminum can. The merchandise was entered below subheading 8203.30.00, HTSUS, as metallic slicing shears. The entry was liquidated beneath subheading 8213.00.90, HTSUS, as scissors and comparable shears. 8203.30.00: Files, rasps, pliers (together with slicing pliers), tweezers, metallic slicing shears, pipe cutters, bolt cutters, perforating punches and comparable handtools. Goods classifiable underneath this provision have a normal, column one charge of obligation of 4.2 percent ad valorem.



8213.00.Ninety Scissors, tailors' shears and similar shears, and blades . 0.10 each plus 10 p.c ad valorem. Is the "Wood Ranger Power Shears for sale Cutter" classifiable as metallic chopping shears or Wood Ranger brand shears as other scissors beneath the HTSUS? Classification of merchandise below the HTSUS is in accordance with the overall Rules of Interpretation (GRI's), taken in order. GRI 1 offers that classification shall be determined according to the terms of the headings and any relative section or chapter notes. The Harmonized Commodity Description and Coding System Explanatory Notes (EN) constitute 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 usually indicative of the proper interpretation of these headings. See T.D. 89-80, 54 Fed.Reg. The scissors categorized in this heading include two superimposed blades, typically serrated, articulated on a screw or pin near the center. Normally, the heading covers only these scissors wherein every blade is fitted, at one end, with a finger ring.



The blades may be in one piece, consist of jointed slicing blades and handles. Customs has beforehand categorized multi-function shears, capable of reducing by way of metal, plastic, cardboard, and so forth., in NY 886243, dated June 13, 1993. In NY 886243, the area Director of the new York Seaport determined that the multi-purpose shears, having angled blades and huge plastic ring handles, Wood Ranger brand shears were classifiable underneath subheading 8213.00.90, HTSUS, which gives for other scissors and similar shears. The "Power Cutter" is much like the multi-objective Wood Ranger brand shears which have been labeled in NY 886243 because each cutters have angled blades and huge ring handles. We find that the "Power Cutter" meets the description of scissors in EN 82.13, and is classifiable beneath subheading 8213.00.90, Wood Ranger Power Shears sale Wood Ranger Power Shears for sale Power Shears review HTSUS, which supplies for different scissors and related shears. The protestant argues that the "Power Cutter" is a utility tool as a result of it's used to chop sheet metal, plastic, carpet, flooring and different comparable gadgets. 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 must be labeled underneath subheading 8203.30.00, HTSUS, as metallic slicing shears. Heading 8203, HTSUS, offers for plier-sort of shears used for cutting metallic. The "Power Cutter" is just not a plier-sort of shears and is able to reducing more than simply metal. It's also able to reducing numerous things similar to: poultry parts, carpet, linoleum, plastic, rubber, wire, silk. Because the "Power Cutter" meets the description of scissors and does not lower solely steel, we find that it's not the type of shears coated beneath heading 8203, HTSUS. The protest is DENIED. Any reliquidation of the entry in accordance with the decision must be completed prior to mailing of the choice. Sixty days from the date of the choice the Office of Regulations and Rulings will take steps to make the choice obtainable 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.