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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 every end. One finger ring is for the consumer's thumb and the opposite finger ring is for a number of fingers. In response to the submitted literature, the "Power Cutter" is a multi-objective cutter which allows the person to chop quite a few issues reminiscent of: poultry components, carpet, linoleum, screening sheet metal, plastic, rubber, wire, or silk. The packaging for the "Power Cutter" also signifies that it's in a position to chop a penny in half, prune plants, and lower an aluminum can. The merchandise was entered below subheading 8203.30.00, HTSUS, as metallic chopping hedge trimming shears. The entry was liquidated under subheading 8213.00.90, HTSUS, as scissors and similar shears. 8203.30.00: Files, rasps, Wood Ranger Power Shears coupon pliers (including slicing pliers), tweezers, steel slicing shears, pipe cutters, bolt cutters, perforating punches and comparable handtools. Goods classifiable under this provision have a common, column one price of responsibility of 4.2 p.c ad valorem.

8213.00.Ninety Scissors, tailors' shears and comparable shears, and blades . 0.10 every plus 10 p.c advert valorem. Is the "Power Cutter" classifiable as metallic slicing shears or as other scissors underneath the HTSUS? Classification of merchandise below the HTSUS is in accordance with the final Rules of Interpretation (GRI's), taken in order. GRI 1 offers that classification shall be decided based on the phrases of the headings and any relative section or Wood Ranger Power Shears warranty 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 every heading of the HTSUS and are generally indicative of the proper interpretation of these headings. See T.D. 89-80, fifty four Fed.Reg. The scissors labeled on this heading encompass two superimposed blades, generally serrated, articulated on a screw or pin near the center. Usually, the heading covers only these scissors by which every blade is fitted, at one finish, with a finger ring.

The blades may be in a single piece, consist of jointed reducing blades and handles. Customs has beforehand hedge trimming shears categorized multi-objective shears, able to reducing by metal, plastic, cardboard, and so on., in NY 886243, dated June 13, 1993. In NY 886243, the realm Director of the new York Seaport determined that the multi-objective shears, having angled blades and huge plastic ring handles, had been classifiable under subheading 8213.00.90, HTSUS, which gives for other scissors and related shears. The "Power Cutter" is much like the multi-goal shears which had been categorised in NY 886243 as a result of each cutters have angled blades and enormous 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 offers for different scissors and comparable shears. The protestant argues that the "Power Cutter" is a utility software because it is used to chop sheet steel, plastic, carpet, flooring and other related objects. However, there is no such thing as a HTSUS provision for "utility instruments".

Because the "Power Cutter" can cut steel, the protestant believes that it's greater than a scissor and ought to be categorised under subheading 8203.30.00, hedge trimming shears HTSUS, as steel cutting shears. Heading 8203, HTSUS, gives for plier-kind of shears used for reducing metal. The "Power Cutter" shouldn't be a plier-sort of shears and hedge trimming shears is able to slicing extra than simply steel. It's also able to slicing quite a few issues such as: poultry parts, carpet, linoleum, plastic, rubber, wire, silk. Because the "Power Cutter" meets the description of scissors and doesn't lower solely steel, we discover that it isn't the type of shears lined underneath heading 8203, HTSUS. The protest is DENIED. Any reliquidation of the entry in accordance with the choice have to be achieved prior to mailing of the choice. Sixty days from the date of the decision the Office of Regulations and Rulings will take steps to make the choice out there to Customs personnel by way of the Customs Rulings Module in ACS and the general public through the Diskette Subscription Service, Lexis, Freedom of data Act and other public access channels.