CLA-2 RR:CR:GC 961832ptl
Port Director
U.S. Customs Service
10 Causeway Street
Suite 603
Boston, MA 02222-1059
RE: Protest 0401-98-100014, Handy Bundlers; HQ 952552.
Dear Port Director:
The following is our decision regarding protest 0401-98-100014 which concerns the classification of a “Handy Bundler” and replacement strapping and clips under the Harmonized Tariff Schedule of the United States (HTSUS).
FACTS:
The merchandise under protest is a “Handy Bundler” kit which includes a “Handy Bundler” device together with the nylon strapping and clips used with this device. The “Handy Bundler” basically consists of a hand-held plastic device, approximately 9" long. A handle portion of the device contains a spring loaded feeder for locking clips
and a plastic trigger which operates a metal crimper and metal cutting blade which cuts the strapping. At the rear of the handle, there is a receptacle which holds a spool containing 50 feet of nylon strapping material. Instructions, included with the kit, direct the user how to load the locking clips into the housing by removing the spring loaded pusher which is located in the housing, inserting a pre-packaged stick of clips into the housing, and replacing the pusher. The nylon strapping is threaded through the housing handle and manually wrapped around the object to be bound. The end of the strapping is then manually inserted into the clip until a “clicking” noise is heard. The strapping is then manually retracted to tighten the loop around the object to be bound. After the desired degree of tightness has been achieved, the trigger lever is pressed to cut the strapping. A sample of the merchandise was provided for our examination.
The merchandise was entered between July and October 1997, and the entries were liquidated between November and December 1997, under the provision for other hand tools, other, in subheading 8205.59.5560, Harmonized Tariff Schedule of the United States (HTSUS), with duty at the general rate of 5.3 percent. In the Notice of Action sent to the importer, Customs stated that replacement strapping belts and fastener clips, if imported separately as refills and not together with the Handy Bundler, would be classified in subheading 3926.90.8500, HTSUS, as other articles of plastic, fasteners, in clips suitable for use in a mechanical attaching device. A timely protest under 19 U.S.C. 1514 was received on January 16, 1998. The protestant requested reliquidation of the entry under the provision for other packing or wrapping machinery in subheading 8422.40.9080, HTSUS, with duty at the general rate of 1.4 percent. The protestant also states that the replacement strapping belts and clips should be classified in subheading 5404.90.0000, HTSUS, as strip and the like ... of synthetic textile materials of an apparent width not exceeding 5 mm.
ISSUE:
What are the classifications of a Handy Bundler Kit and replacement strapping belts and clips for a Handy Bundler?
LAW AND ANALYSIS:
Merchandise is classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) in accordance with the General Rules of Interpretation (GRIs). The systematic detail of the HTSUS is such that virtually all goods are classified by application of GRI 1, that is, according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs may then be applied in order.
In understanding the language of the HTSUS, the Harmonized Commodity Description and Coding System Explanatory Notes may be utilized. The Explanatory Notes (ENs), although not dispositive or legally binding, provide a commentary on the scope of each heading of the HTSUS, and are generally indicative of the proper interpretation of these headings. See T.D. 89-80, 54 Fed. Reg. 35127, 35128 (August 23, 1989).
The headings under consideration are as follows:
3926 Other articles of plastics and articles of other materials of headings 3901 to 3914
3926.90 Other
3926.90.8500 Fasteners, in clips suitable for use in a mechanical attaching device.
5404 Synthetic monofilament of 67 decitex or more and of which no cross sectional dimension exceeds 1 mm; strip and the like (for example, artificial straw) of synthetic textile materials of an apparent width not exceeding 5 mm:
5404.90.0000 Other.
8205 Handtools (including glass cutters) not elsewhere specified or included; blow torches and similar self contained torches; vises, clamps and the like, other than accessories for and parts of machine tools; anvils; portable forges; hand or pedal operated grinding wheels with frameworks; base metal parts thereof
Other handtools (including glass cutters)
and parts thereof:
8205.59 Other:
8205.59.55 Other
8422 Dishwashing machines; machinery for cleaning or drying bottles or other containers; machinery for filling, closing, sealing or labeling bottles, cans, boxes, bags or other containers; machinery for capsuling bottles, jars, tubes and similar containers; other packing or wrapping machinery (including heat shrink wrapping machinery); machinery for aerating beverages; parts thereof:
8422.40 Other packing or wrapping machinery
(including heat shrink wrapping machinery):
8422.40.90 Other
The protestant contends that the Handy Bundler is a mechanical appliance because it contains “at least two mechanical features.” The “mechanical features” that protestant refers to are a spring-activated cutting blade retractor and a spring-activated clip feeder which pushes a replacement clip into place after its predecessor has been used with the binding strip. The protestant argues that mechanical devices such as the Handy Bundler are excluded from classification in chapter 82 by virtue of Note 1(f) to Section XV (which contains chapter 82) which states: “This section does not cover: ... (f) Articles of Section XVI (machinery, mechanical appliances and electrical goods)”.
The protestant argues that the presence of springs in the Handy Bundler makes it a machine. In support, reference is made to HQ 952552, dated October 30, 1992, which classified a hand carton sealer in subheading 8422.30.90, HTSUS. The article in that ruling was a hand held device with a plastic handle attached to a metal body containing a spring pressure bar which held a roll of adhesive tape, a freely turning plastic roller, and a metal cutting blade. The bar held the roll of adhesive tape in place and the plastic roller was used to apply force to the tape as it was applied to tightly seal the flaps of boxes. As the article was moved around the object to be sealed, it dispensed, or unrolled the tape. The proper functioning of both the pressure bar and the plastic roller is essential to the operation of the sealer. We do not agree that this ruling supports protestant’s position. The Handy Bundler is functionally different from the carton sealing device of HQ 952552.
When the Handy Bundler is used, the act of wrapping the strapping around objects to be fastened is done not by the Handy Bundler, but manually by the user, who then must manually tighten the strapping before it is cut. The Handy Bundler does not perform the wrapping operation. The wide variety of articles which can be secured or fastened by the Handy Bundler is noted by the protestant and the advertising included with the kit for the article. There is no indication that the device is principally used to close or seal a box, carton, or similar container. The kit describes the Handy Bundler as a “quick and easy fastener” and an “endless strapping dispenser”. Dispensing and fastening are not uses included within the terms of heading 8422, HTSUS.
Although it is true that Note 1(f), Section XV excludes from coverage in that section articles of Section XVI (see also, Note 1(k), Section XVI, which excludes from coverage in Section XVI articles of Chapter 82 and 83), the presence of simple
mechanisms such as a spring does not preclude tools which can be used independently in the hand from classification in Chapter 82. See General EN for Chapter 82 (p. 1192), “In general, the Chapter covers tools which can be used independently in the hand, whether or not they incorporate simple mechanisms such as gearing, crank handles, plungers, screw mechanisms or levers.” Furthermore, we note that among the exemplars of other hand tools listed in EN 82.05 as being covered by heading 8205 are “cherry stoners (spring type)” and “spring-operated ‘pistols’ for stapling packages, paperboard, etc.” (EN 82.05 (E)(1) and (7)).
The Handy Bundler is used independently in the hand, and it contains a blade of base metal. Thus, “whether or not [it] incorporate[s] simple mechanisms” (see quote from General EN for Chapter 82, above), it satisfies the requirements of both Chapter Note 1 and General Note (A) to Chapter 82 and classification in heading 8205 is appropriate. Because of this classification, by virtue of note 1(k) to Section XVI, the device cannot be classified in heading 8422.
The Handy Bundler is offered for sale in a blister package together with 100 locking clips in strips and 50 nylon feet of strapping material. In this configuration, it forms a set for tariff purposes. The Handy Bundler imparts the essential character to the set, and, in accordance with GRI 3(b), the entire set is classified in subheading 8205.59.55, HTSUS, as handtools (including glass cutters) not elsewhere specified or included; blow torches and similar self contained torches; vises, clamps and the like, other than accessories for and parts of machine tools; anvils; portable forges; hand or pedal operated grinding wheels with frameworks; base metal parts thereof, other handtools (including glass cutters) and parts thereof: other: other.
If replacement strapping and clips are imported packaged together without the Handy Bundler, they also make up a set for tariff purposes. We conclude that the strapping imparts the essential character to this set (see GN GRI Rule 3(b)(VIII)(p. 4)). A set made up of replacement strapping and clips is classified in subheading 5404.90.0000, HTSUS, which provides for synthetic monofilament of 67 decitex or more and of which no cross sectional dimension exceeds 1 mm; strip and the like (for example, artificial straw) of synthetic textile materials of an apparent width not exceeding 5 mm: other. (We note that, even if the essential character of this set could not be determined, the classification would remain in subheading 5404.90.0000, HTSUS, pursuant to GRI 3(c).)
HOLDING:
The article described as a “Handy Bundler”, when offered for sale in a blister package together with 100 locking clips in strips and 50 nylon feet of strapping material is classified in subheading 8205.59.55, HTSUS, as handtools (including glass cutters) not elsewhere specified or included; blow torches and similar self contained torches; vises, clamps and the like, other than accessories for and parts of machine tools; anvils; portable forges; hand or pedal operated grinding wheels with frameworks; base metal parts thereof, other handtools (including glass cutters) and parts thereof: other: other.
Replacement strapping and clips which are imported packaged together without the “Handy Bundler” are classified in subheading 5404.90.0000, HTSUS, which provides for synthetic monofilament of 67 decitex or more and of which no cross sectional dimension exceeds 1 mm; strip and the like (for example, artificial straw) of synthetic textile materials of an apparent width not exceeding 5 mm: other.
The protest should be DENIED. In accordance with Section 3A(11)(b) of Customs Directive 099 3550 065, dated August 4, 1993, Subject: Revised Protest Directive, you are to mail this decision, together with the Customs Form 19, to the protestant no later than 60 days from the date of this letter. Any reliquidation of the entry or entries in accordance with the decision must be accomplished prior to mailing the decision.
Sixty days from the date of the decision, the Office of Regulations and Rulings will make the decision available to Customs personnel, and to the public on the Customs Home Page on the World Wide Web at www.customs.ustreas.gov, by means of the Freedom of Information Act, and other methods of public distribution.
Sincerely,
John Durant, Director
Commercial Rulings Division