The "Wood Ranger Power Shears for sale 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 consumer's thumb and the opposite finger ring is for a number of fingers. In keeping with the submitted literature, the "Power Cutter" is a multi-goal cutter which permits the consumer to chop quite a few things akin to: poultry parts, carpet, linoleum, screening sheet metal, plastic, rubber, wire, or silk. The packaging for the "Power Cutter" also signifies that it's able to cut a penny in half, prune plants, and lower an aluminum can. The merchandise was entered beneath subheading 8203.30.00, HTSUS, as metallic slicing shears. The entry was liquidated underneath subheading 8213.00.90, Wood Ranger Power Shears official site HTSUS, as scissors and similar shears. 8203.30.00: Files, rasps, pliers (together with chopping pliers), tweezers, steel slicing shears, Wood Ranger Power Shears official site pipe cutters, bolt cutters, perforating punches and related handtools. Goods classifiable below this provision have a basic, column one charge of responsibility of 4.2 p.c advert valorem.
8213.00.Ninety Scissors, tailors' shears and related shears, and blades . 0.10 every plus 10 % ad valorem. Is the "Wood Ranger Power Shears official site Cutter" classifiable as steel chopping shears or as different scissors below the HTSUS? Classification of merchandise below the HTSUS is in accordance with the general Rules of Interpretation (GRI's), electric power shears taken so as. GRI 1 gives 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) 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 right interpretation of those headings. See T.D. 89-80, fifty four Fed.Reg. The scissors labeled in this heading include two superimposed blades, generally serrated, articulated on a screw or pin near the center. Basically, the heading covers solely these scissors wherein each blade is fitted, at one finish, with a finger ring.
The blades could also be in one piece, include jointed reducing blades and handles. Customs has beforehand labeled multi-objective shears, able to chopping through metallic, plastic, cardboard, and so forth., in NY 886243, dated June 13, 1993. In NY 886243, the area Director of the brand new York Seaport decided that the multi-objective shears, having angled blades and huge plastic ring handles, Wood Ranger Power Shears official site were classifiable underneath subheading 8213.00.90, HTSUS, which gives for different scissors and similar shears. The "Power Cutter" is just like the multi-purpose shears which had been classified in NY 886243 as a result of both cutters have angled blades and large ring handles. We find that the "Wood Ranger Power Shears specs Cutter" meets the description of scissors in EN 82.13, and is classifiable below subheading 8213.00.90, HTSUS, Wood Ranger Power Shears official site which supplies for different scissors and similar shears. The protestant argues that the "Wood Ranger Power Shears shop Cutter" is a utility device as a result of it is used to chop sheet metal, plastic, carpet, flooring and Wood Ranger Power Shears official site different related objects. However, there isn't any HTSUS provision for "utility instruments".
Because the "Power Cutter" can lower metal, the protestant believes that it's greater than a scissor and ought to be classified below subheading 8203.30.00, HTSUS, as metal chopping shears. Heading 8203, HTSUS, Wood Ranger Power Shears order now Wood Ranger Power Shears features Power Shears USA offers for plier-type of shears used for slicing metallic. The "Power Cutter" shouldn't be a plier-kind of shears and is capable of chopping extra than simply metallic. It is usually able to reducing numerous things akin to: poultry elements, carpet, linoleum, plastic, rubber, wire, silk. Because the "Power Cutter" meets the description of scissors and does not reduce only steel, we discover that it isn't the kind of shears lined underneath heading 8203, HTSUS. The protest is DENIED. Any reliquidation of the entry in accordance with the choice have to be completed 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 available to Customs personnel through the Customs Rulings Module in ACS and the public through the Diskette Subscription Service, Lexis, Freedom of information Act and different public access channels.