The "garden power shears Cutter" has two angled blades articulated on a screw or pin at the center with a finger ring at every finish. One finger ring is for the consumer's thumb and the other finger ring is for one or more fingers. Based on the submitted literature, the "Power Cutter" is a multi-function cutter which permits the consumer to chop numerous issues akin to: poultry parts, carpet, linoleum, screening sheet steel, plastic, rubber, wire, or silk. The packaging for the "Power Cutter" additionally indicates that it is in a position to chop a penny in half, Wood Ranger Power Shears website Wood Ranger Power Shears sale Power Shears USA prune plants, and Wood Ranger Power Shears shop reduce an aluminum can. The merchandise was entered below subheading 8203.30.00, HTSUS, as steel cutting shears. The entry was liquidated underneath subheading 8213.00.90, HTSUS, as scissors and comparable shears. 8203.30.00: Files, rasps, pliers (including slicing pliers), tweezers, steel chopping shears, pipe cutters, bolt cutters, perforating punches and comparable handtools. Goods classifiable underneath this provision have a basic, column one price of responsibility of 4.2 % ad valorem.

8213.00.90 Scissors, tailors' shears and similar shears, and blades . 0.10 each plus 10 p.c advert valorem. Is the "Wood Ranger Power Shears for sale Cutter" classifiable as metal slicing shears or as different scissors below the HTSUS? Classification of merchandise underneath the HTSUS is in accordance with the general Rules of Interpretation (GRI's), taken in order. GRI 1 offers that classification shall be decided in keeping with the phrases 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 provide a commentary on the scope of every heading of the HTSUS and are generally indicative of the right interpretation of these headings. See T.D. 89-80, fifty four Fed.Reg. The scissors categorised in this heading consist of two superimposed blades, generally serrated, articulated on a screw or pin close to the middle. On the whole, the heading covers only those scissors wherein every blade is fitted, at one end, with a finger ring.

The blades may be in a single piece, encompass jointed slicing blades and handles. Customs has beforehand classified multi-function shears, capable of reducing by means of metallic, plastic, cardboard, and so on., Wood Ranger Power Shears shop in NY 886243, dated June 13, 1993. In NY 886243, the world Director of the brand new York Seaport determined that the multi-function shears, having angled blades and Wood Ranger Power Shears shop large plastic ring handles, were classifiable underneath subheading 8213.00.90, HTSUS, which supplies for other scissors and similar shears. The "Power Cutter" is much like the multi-purpose shears which have been labeled in NY 886243 because both cutters have angled blades and huge ring handles. We find that the "Power Cutter" meets the outline of scissors in EN 82.13, and is classifiable beneath subheading 8213.00.90, HTSUS, which supplies for other scissors and similar shears. The protestant argues that the "Power Cutter" is a utility software as a result of it's used to chop sheet metallic, plastic, carpet, flooring and other related gadgets. However, there isn't a HTSUS provision for "utility tools".

Because the "Power Cutter" can reduce steel, electric Wood Ranger Power Shears features shears the protestant believes that it's greater than a scissor and needs to be classified below subheading 8203.30.00, HTSUS, as metal reducing shears. Heading 8203, HTSUS, provides for plier-sort of shears used for cutting steel. The "Wood Ranger Power Shears shop Cutter" is not a plier-kind of shears and is capable of cutting extra than simply metal. It is usually able to slicing quite a few things corresponding to: poultry components, carpet, linoleum, plastic, rubber, wire, silk. Because the "Power Cutter" meets the outline of scissors and does not minimize only metal, we discover that it isn't the kind of shears covered underneath heading 8203, HTSUS. The protest is DENIED. Any reliquidation of the entry in accordance with the decision have to be accomplished previous 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 decision accessible to Customs personnel through the Customs Rulings Module in ACS and the public by way of the Diskette Subscription Service, Lexis, Freedom of information Act and other public entry channels.