Customs Has Previously Classified Multi-Function Shears
The "Power Cutter" has two angled blades articulated on a screw or Wood Ranger official pin at the middle with a finger ring at every end. One finger ring is for the consumer's thumb and the other finger ring is for a number of fingers. Based on the submitted literature, the "Power Cutter" is a multi-purpose cutter which allows the consumer to cut quite a few things equivalent to: poultry components, carpet, linoleum, screening sheet steel, plastic, rubber, wire, Wood Ranger Power Shears review Wood Ranger Power Shears specs Power Shears sale or silk. The packaging for the "Power Cutter" additionally indicates that it is ready to cut a penny in half, Wood Ranger official prune plants, and lower an aluminum can. The merchandise was entered beneath subheading 8203.30.00, HTSUS, as steel cutting shears. The entry was liquidated under subheading 8213.00.90, HTSUS, as scissors and similar shears. 8203.30.00: Files, rasps, pliers (together with reducing pliers), tweezers, steel reducing shears, pipe cutters, bolt cutters, Wood Ranger official perforating punches and related handtools. Goods classifiable beneath this provision have a common, column one price of duty of 4.2 percent advert valorem.
8213.00.Ninety Scissors, tailors' shears and related shears, and blades . 0.10 each plus 10 % advert valorem. Is the "Power Cutter" classifiable as metallic slicing shears or as different scissors below the HTSUS? Classification of merchandise under the HTSUS is in accordance with the final Rules of Interpretation (GRI's), taken so as. GRI 1 gives that classification shall be determined in accordance with 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 correct interpretation of these headings. See T.D. 89-80, fifty four Fed.Reg. The scissors categorised in this heading include two superimposed blades, typically serrated, articulated on a screw or pin close to the middle. Typically, the heading covers only those scissors through which every blade is fitted, at one finish, with a finger ring.
The blades could also be in one piece, include jointed cutting blades and handles. Customs has previously labeled multi-objective shears, able to chopping by way of steel, plastic, cardboard, and so forth., in NY 886243, dated June 13, 1993. In NY 886243, the realm Director of the brand new York Seaport determined that the multi-function shears, having angled blades and huge plastic ring handles, have been classifiable under subheading 8213.00.90, HTSUS, which offers for different scissors and similar shears. The "Power Cutter" is just like the multi-purpose shears which were classified in NY 886243 as a result of both cutters have angled blades and enormous ring handles. We discover that the "Power Cutter" meets the description of scissors in EN 82.13, and is classifiable underneath subheading 8213.00.90, HTSUS, which supplies for different scissors and related shears. The protestant argues that the "Power Cutter" is a utility instrument as a result of it's used to chop sheet steel, plastic, carpet, flooring and different similar gadgets. However, there is no HTSUS provision for "utility instruments".
Because the "Power Cutter" can minimize metallic, the protestant believes that it is more than a scissor and Wood Ranger official must be classified under subheading 8203.30.00, HTSUS, as metallic slicing shears. Heading 8203, HTSUS, provides for plier-sort of shears used for cutting steel. The "Power Cutter" is not a plier-sort of shears and is able to chopping more than just metal. It is usually able to cutting quite a few issues akin to: poultry parts, carpet, linoleum, plastic, rubber, wire, silk. Because the "Power Cutter" meets the description of scissors and does not cut only steel, we find that it is not the type of shears covered underneath heading 8203, HTSUS. The protest is DENIED. Any reliquidation of the entry in accordance with the choice have to be accomplished previous 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 public through the Diskette Subscription Service, Lexis, Freedom of knowledge Act and other public access channels.