Customs Has Previously Classified Multi-Purpose Shears

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The "Wood Ranger Power Shears warranty Cutter" has two angled blades articulated on a screw or pin at the center with a finger ring at each finish. One finger ring is for the user's thumb and the other finger ring is for a number of fingers. According to the submitted literature, the "power shears Cutter" is a multi-objective cutter which allows the user to cut quite a few things corresponding to: poultry parts, carpet, linoleum, screening sheet steel, plastic, rubber, wire, or silk. The packaging for the "electric power shears Cutter" additionally signifies that it is ready to chop a penny in half, prune plants, and lower an aluminum can. The merchandise was entered beneath subheading 8203.30.00, HTSUS, as steel chopping shears. The entry was liquidated under subheading 8213.00.90, HTSUS, as scissors and comparable shears. 8203.30.00: Files, rasps, pliers (together with cutting pliers), tweezers, metallic slicing shears, pipe cutters, bolt cutters, perforating punches and related handtools. Goods classifiable underneath this provision have a general, Wood Ranger Power Shears shop column one rate of obligation of 4.2 % ad valorem.



8213.00.90 Scissors, tailors' shears and similar shears, and blades . 0.10 every plus 10 % ad valorem. Is the "Power Cutter" classifiable as metallic cutting shears or as other scissors beneath the HTSUS? Classification of merchandise below the HTSUS is in accordance with the final Rules of Interpretation (GRI's), taken so as. GRI 1 provides that classification shall be decided in keeping with the terms of the headings and any relative part 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 every 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 classified on this heading encompass two superimposed blades, Wood Ranger Power Shears shop sometimes serrated, articulated on a screw or pin near the center. Typically, the heading covers solely those scissors during which every blade is fitted, at one end, with a finger ring.



The blades may be in a single piece, encompass jointed reducing blades and handles. Customs has previously categorised multi-purpose shears, capable of reducing by steel, plastic, cardboard, and many others., in NY 886243, dated June 13, 1993. In NY 886243, the area Director of the new York Seaport determined that the multi-goal shears, having angled blades and enormous plastic ring handles, were classifiable under subheading 8213.00.90, HTSUS, which supplies for different scissors and similar shears. The "Power Cutter" is similar to the multi-objective shears which had been labeled in NY 886243 because each cutters have angled blades and large ring handles. We find that the "Power Cutter" meets the outline of scissors in EN 82.13, and is classifiable underneath subheading 8213.00.90, HTSUS, which provides for different scissors and comparable shears. The protestant argues that the "Wood Ranger Power Shears shop Cutter" is a utility device because it's used to cut sheet steel, plastic, carpet, flooring and other similar objects. However, there isn't any HTSUS provision for "utility instruments".



Because the "Wood Ranger Power Shears order now Cutter" can lower steel, the protestant believes that it is more than a scissor and needs to be categorized underneath subheading 8203.30.00, HTSUS, as steel reducing shears. Heading 8203, Wood Ranger Power Shears shop HTSUS, provides for plier-sort of shears used for Wood Ranger Power Shears shop slicing steel. The "Power Cutter" is just not a plier-sort of shears and is capable of cutting extra than just steel. Additionally it is able to slicing quite a few issues comparable to: poultry components, carpet, linoleum, Wood Ranger Power Shears shop plastic, rubber, wire, silk. Because the "garden power shears Cutter" meets the outline of scissors and doesn't minimize only steel, we find that it's not the kind of shears lined beneath heading 8203, HTSUS. The protest is DENIED. Any reliquidation of the entry in accordance with the choice must 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 decision accessible to Customs personnel through the Customs Rulings Module in ACS and the general public by way of the Diskette Subscription Service, Lexis, Freedom of knowledge Act and different public access channels.

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