The "Power Cutter" has two angled blades articulated on a screw or pin at the middle with a finger ring at each finish. One finger ring is for the user's thumb and the opposite finger ring is for a number of fingers. According to the submitted literature, the "Power Cutter" is a multi-goal cutter which permits the user to cut quite a few issues akin to: poultry elements, carpet, linoleum, screening sheet steel, plastic, rubber, wire, or silk. The packaging for the "Power Cutter" additionally indicates that it's ready to chop a penny in half, prune plants, and minimize an aluminum can. The merchandise was entered below subheading 8203.30.00, HTSUS, as metallic reducing shears. The entry was liquidated below subheading 8213.00.90, HTSUS, as scissors and similar shears. 8203.30.00: Wood Ranger Power Shears shop Ranger Power Shears Files, rasps, pliers (including slicing pliers), tweezers, metallic reducing shears, pipe cutters, bolt cutters, perforating punches and related handtools. Goods classifiable beneath this provision have a general, column one fee of obligation of 4.2 p.c advert valorem.
8213.00.90 Scissors, Wood Ranger Power Shears website Ranger garden power shears Shears specs tailors' shears and comparable shears, and blades . 0.10 each plus 10 p.c ad valorem. Is the "Power Cutter" classifiable as metal slicing shears or as different scissors beneath the HTSUS? Classification of merchandise underneath the HTSUS is in accordance with the overall Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification shall be determined in line 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 each heading of the HTSUS and are usually indicative of the proper interpretation of those headings. See T.D. 89-80, 54 Fed.Reg. The scissors categorised in this heading consist of two superimposed blades, typically serrated, articulated on a screw or pin near the center. On the whole, the heading covers only those scissors during which every blade is fitted, at one end, with a finger ring.
The blades could also be in a single piece, encompass jointed chopping blades and handles. Customs has beforehand labeled multi-goal shears, capable of chopping through metal, plastic, cardboard, and so on., in NY 886243, dated June 13, 1993. In NY 886243, the world Director of the brand new York Seaport determined that the multi-purpose shears, having angled blades and enormous plastic ring handles, had been classifiable under subheading 8213.00.90, HTSUS, which supplies for other scissors and similar shears. The "Power Cutter" is just like the multi-purpose shears which have been categorised in NY 886243 because both 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 below subheading 8213.00.90, HTSUS, which gives for other scissors and comparable 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 other similar gadgets. However, there isn't a HTSUS provision for "utility instruments".
Because the "Power Cutter" can cut metal, the protestant believes that it is greater than a scissor and brushless motor shears must be categorized underneath subheading 8203.30.00, HTSUS, as metal reducing shears. Heading 8203, HTSUS, offers for plier-kind of shears used for cutting metallic. The "Power Cutter" is just not a plier-kind of brushless motor shears and is capable of slicing extra than just metal. Additionally it is capable of cutting quite a few things resembling: poultry components, carpet, linoleum, plastic, rubber, wire, silk. Because the "Power Cutter" meets the description of scissors and doesn't reduce solely metal, we find that it isn't the kind of shears lined under heading 8203, HTSUS. The protest is DENIED. Any reliquidation of the entry in accordance with the decision must be accomplished prior to mailing of the decision. 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 through the Customs Rulings Module in ACS and the general public via the Diskette Subscription Service, Lexis, Freedom of knowledge Act and different public entry channels.