Customs Has Previously Classified Multi-Purpose Shears

The "Power Cutter" has two angled blades articulated on a screw or pin at the center with a finger ring at every end. One finger ring is for the user's thumb and the other finger ring is for a number of fingers. In accordance with the submitted literature, the "Power Cutter" is a multi-goal cutter which allows the consumer to cut quite a few issues equivalent to: poultry elements, carpet, linoleum, screening sheet metal, plastic, rubber, Wood Ranger Power Shears website wire, or silk. The packaging for the "Power Cutter" also indicates that it is ready to chop a penny in half, prune plants, and cut an aluminum can. The merchandise was entered underneath subheading 8203.30.00, HTSUS, as metallic reducing shears. The entry was liquidated below subheading 8213.00.90, HTSUS, as scissors and related shears. 8203.30.00: Files, rasps, pliers (together with chopping pliers), tweezers, metal cutting shears, pipe cutters, bolt cutters, perforating punches and comparable handtools. Goods classifiable underneath this provision have a basic, column one charge of responsibility of 4.2 % advert valorem.



8213.00.90 Scissors, tailors' shears and similar shears, and blades . 0.10 every plus 10 percent ad valorem. Is the "Wood Ranger Power Shears specs Cutter" classifiable as metallic reducing shears or as other scissors underneath the HTSUS? Classification of merchandise beneath the HTSUS is in accordance with the overall Rules of Interpretation (GRI's), taken in order. GRI 1 supplies that classification shall be determined in response to 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 present a commentary on the scope of each heading of the HTSUS and are typically indicative of the right interpretation of those headings. See T.D. 89-80, 54 Fed.Reg. The scissors labeled in this heading consist of two superimposed blades, typically serrated, Wood Ranger Power Shears website articulated on a screw or pin close to the middle. In general, the heading covers only these scissors wherein each blade is fitted, at one end, with a finger ring.



The blades may be in one piece, encompass jointed reducing blades and handles. Customs has previously labeled multi-function shears, able to slicing by steel, plastic, cardboard, and so on., in NY 886243, dated June 13, 1993. In NY 886243, the world Director of the new York Seaport determined that the multi-function shears, Wood Ranger Power Shears website having angled blades and large plastic ring handles, had been classifiable underneath subheading 8213.00.90, HTSUS, which gives for different scissors and related shears. The "Wood Ranger Power Shears shop Cutter" is much like the multi-goal shears which have been categorized in NY 886243 because both cutters have angled blades and huge ring handles. We find that the "Wood Ranger Power Shears coupon Cutter" meets the outline of scissors in EN 82.13, and is classifiable beneath subheading 8213.00.90, HTSUS, which gives for other scissors and comparable shears. The protestant argues that the "Wood Ranger Power Shears website Cutter" is a utility device as a result of it's used to chop sheet metal, plastic, carpet, flooring and other similar objects. However, there isn't a HTSUS provision for "utility instruments".



Because the "electric power shears Cutter" can reduce metal, the protestant believes that it's more than a scissor and Wood Ranger Power Shears website ought to be labeled underneath subheading 8203.30.00, HTSUS, as steel cutting shears. Heading 8203, HTSUS, offers for plier-sort of shears used for Wood Ranger Power Shears website chopping metal. The "Power Cutter" is just not a plier-kind of shears and is able to slicing extra than just metallic. It is also able to chopping numerous issues reminiscent of: poultry elements, carpet, linoleum, plastic, rubber, wire, silk. Because the "Wood Ranger Power Shears specs Cutter" meets the description of scissors and doesn't lower solely metal, we discover that it is not the type of shears covered below heading 8203, HTSUS. The protest is DENIED. Any reliquidation of the entry in accordance with the choice 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 accessible to Customs personnel by way of the Customs Rulings Module in ACS and the general public through the Diskette Subscription Service, Lexis, Freedom of information Act and other public access channels.