Customs has Previously Classified Multi-Function Shears > 자유게시판

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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 person's thumb and the opposite finger ring is for a number of fingers. Based on the submitted literature, the "Power Cutter" is a multi-objective cutter which permits the consumer to cut quite a few issues corresponding to: poultry components, carpet, linoleum, screening sheet metallic, plastic, rubber, wire, or silk. The packaging for the "Power Cutter" also signifies that it's able to chop a penny in half, prune plants, and cut an aluminum can. The merchandise was entered under subheading 8203.30.00, HTSUS, as metal reducing shears. The entry was liquidated beneath subheading 8213.00.90, HTSUS, as scissors and similar shears. 8203.30.00: Files, rasps, pliers (together with slicing pliers), tweezers, steel reducing shears, pipe cutters, Wood Ranger Power Shears shop bolt cutters, perforating punches and related handtools. Goods classifiable under this provision have a normal, column one rate of obligation of 4.2 percent advert valorem.

8213.00.90 Scissors, Wood Ranger Power Shears shop tailors' shears and related shears, and blades . 0.10 each plus 10 percent ad valorem. Is the "Power Cutter" classifiable as metal cutting shears or as different scissors underneath the HTSUS? Classification of merchandise below the HTSUS is in accordance with the general Rules of Interpretation (GRI's), taken so as. GRI 1 supplies that classification shall be decided based on the phrases 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 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 correct interpretation of those headings. See T.D. 89-80, fifty four Fed.Reg. The scissors classified on this heading include two superimposed blades, generally serrated, articulated on a screw or pin near the center. Usually, the heading covers only those scissors in which each blade is fitted, at one end, with a finger ring.

The blades could also be in one piece, encompass jointed slicing blades and handles. Customs has beforehand categorised multi-function shears, capable of slicing via steel, plastic, cardboard, and so forth., in NY 886243, dated June 13, 1993. In NY 886243, the area Director of the new York Seaport determined that the multi-purpose shears, having angled blades and large plastic ring handles, had been classifiable below subheading 8213.00.90, HTSUS, which provides for different scissors and comparable shears. The "Power Cutter" is just like the multi-function shears which had been categorized in NY 886243 because both cutters have angled blades and enormous ring handles. We find that the "electric power shears Cutter" meets the outline of scissors in EN 82.13, and is classifiable underneath subheading 8213.00.90, HTSUS, which gives for different scissors and similar shears. The protestant argues that the "Wood Ranger Power Shears shop Cutter" is a utility tool because it is used to chop sheet metallic, plastic, carpet, flooring and other comparable objects. However, there isn't any HTSUS provision for "utility tools".

Because the "garden power shears Cutter" can reduce metallic, the protestant believes that it's greater than a scissor and must be classified beneath subheading 8203.30.00, HTSUS, as metallic reducing shears. Heading 8203, HTSUS, Wood Ranger Power Shears USA Wood Ranger Power Shears USA Power Shears coupon supplies for plier-kind of shears used for slicing metallic. The "Power Cutter" shouldn't be a plier-kind of shears and is capable of slicing extra than just metal. It is usually able to reducing numerous issues corresponding to: poultry parts, carpet, linoleum, plastic, Wood Ranger Power Shears shop rubber, wire, silk. Because the "Wood Ranger Power Shears manual Cutter" meets the description of scissors and doesn't cut solely steel, we discover that it isn't the type of shears covered underneath heading 8203, HTSUS. The protest is DENIED. Any reliquidation of the entry in accordance with the choice should 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 decision available to Customs personnel via the Customs Rulings Module in ACS and the public through the Diskette Subscription Service, Lexis, Freedom of data Act and different public entry channels.