The "garden power shears Cutter" has two angled blades articulated on a screw or pin at the center with a finger ring at each end. One finger ring is for the consumer's thumb and the opposite finger ring is for one or more fingers. In line with the submitted literature, the "Power Cutter" is a multi-goal cutter which permits the user to chop numerous things comparable to: poultry parts, carpet, linoleum, screening sheet metallic, plastic, rubber, wire, or silk. The packaging for outdoor trimming tool the "Wood Ranger Power Shears for sale Cutter" additionally indicates that it is in a position to cut a penny in half, outdoor trimming tool 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 below subheading 8213.00.90, HTSUS, as scissors and similar shears. 8203.30.00: Files, rasps, pliers (together with cutting pliers), tweezers, steel cutting shears, pipe cutters, bolt cutters, perforating punches and similar handtools. Goods classifiable beneath this provision have a common, column one charge of responsibility of 4.2 percent advert valorem.

8213.00.90 Scissors, tailors' shears and related shears, and blades . 0.10 each plus 10 % advert valorem. Is the "Wood Ranger Power Shears features Cutter" classifiable as metallic cutting shears or as different scissors under the HTSUS? Classification of merchandise below the HTSUS is in accordance with the final Rules of Interpretation (GRI's), taken so as. GRI 1 offers 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 generally indicative of the right interpretation of those headings. See T.D. 89-80, outdoor trimming tool fifty four Fed.Reg. The scissors classified on this heading encompass two superimposed blades, typically serrated, articulated on a screw or pin close to the center. Usually, the heading covers solely those scissors in which each blade is fitted, at one finish, with a finger ring.

The blades may be in a single piece, outdoor trimming tool consist of jointed cutting blades and handles. Customs has beforehand labeled multi-goal shears, able to slicing by way of metallic, plastic, cardboard, etc., in NY 886243, dated June 13, 1993. In NY 886243, the area Director of the new York Seaport determined that the multi-purpose shears, outdoor trimming tool having angled blades and large plastic ring handles, had been classifiable below subheading 8213.00.90, HTSUS, which supplies for other scissors and comparable shears. The "Power Cutter" is just like the multi-objective shears which were classified in NY 886243 because both cutters have angled blades and large ring handles. We find that the "Wood Ranger Power Shears price Cutter" meets the outline of scissors in EN 82.13, and is classifiable under subheading 8213.00.90, HTSUS, which provides for different scissors and comparable shears. The protestant argues that the "Power Cutter" is a utility software as a result of it is used to chop sheet metal, plastic, carpet, flooring and different related items. However, there isn't a HTSUS provision for "utility instruments".

Because the "Power Cutter" can minimize metallic, the protestant believes that it's greater than a scissor and must be categorized underneath subheading 8203.30.00, HTSUS, as steel reducing shears. Heading 8203, HTSUS, supplies for plier-sort of shears used for slicing metallic. The "Wood Ranger Power Shears order now Cutter" is just not a plier-kind of shears and is able to reducing more than just steel. It is also able to slicing numerous issues equivalent to: poultry parts, carpet, linoleum, plastic, rubber, wire, silk. Because the "Power Cutter" meets the outline of scissors and outdoor trimming tool does not cut solely metallic, we discover that it's not the kind of shears coated underneath heading 8203, HTSUS. The protest is DENIED. Any reliquidation of the entry in accordance with the decision have to be achieved 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 out there to Customs personnel by way of the Customs Rulings Module in ACS and the public through the Diskette Subscription Service, Lexis, Freedom of knowledge Act and other public entry channels.