CLA-2 RR:CR:GC 966189 HEF
Ms. Jessica T. DePinto
Hodes, Keating & Pilon
39 South LaSalle Street, Suite 1020
Chicago, Illinois 60603-1731
RE: Modification of NY I87964; hand paper punches
Dear Ms. DePinto:
This is in response to your letter dated January 23, 2003, requesting reconsideration of New York Ruling Letter (NY) I87964, which was issued to your client, Fiskars Consumer Products, Inc., on November 5, 2002, classifying certain hand paper punches in subheading 8203.40.30, Harmonized Tariff Schedule of the United States (HTSUS), as perforating punches and similar handtools with cutting part containing by weight over 0.2 percent of chromium, molbydenum, or tungsten or over 0.1 percent of vanadium. This reconsideration only concerns the hand punches classified in NY I87964 and not the mini palm punches and the photo corner punches also classified therein. In preparing this ruling, consideration was given to an additional submission made on February 20, 2003. We have reconsidered the classification of the merchandise at issue and have determined that NY I87964, in part, is incorrect.
Pursuant to section 625(c), Tariff Act of 1930 (19 U.S.C. 1625(c)), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, Pub. L. 103-182, 107 Stat. 2057, 2186 (1993), notice of the proposed revocation of NY I87964, as described below, was published in the Customs Bulletin on April 30, 2003. No comments were received in response to the notice.
FACTS:
The subject merchandise are perforating punches to be used primarily in paper and card crafting, but they may also be used in metal and leather crafting. The punches are one-hole devices with cutting parts of high carbon steel. The punches come in numerous die cast shapes including bears, flowers, hearts and moons. The samples submitted are a 1/4 inch flower shape punch and a 1/4 inch heart shaped punch.
Chromium, molybdenum, tungsten and vanadium are used as hardening agents in the steel punches in small quantities. Chemical analyses of five samples of the subject merchandise show that the content by weight of chromium, molybdenum and tungsten is under 0.2 percent. The content by weight of vanadium is under 0.1 percent.
ISSUE:
Whether the subject hand punches are classifiable as perforating punches with cutting parts containing by weight over 0.2 percent of chromium, molybdenum, or tungsten or over 0.1 percent of vanadium under subheading 8203.40.30, HTSUS, or as other perforating punches classified under subheading 8203.40.60, HTSUS.
LAW AND ANALYSIS:
Classification under the HTSUS is made in accordance with the General Rules of Interpretation (GRIs). GRI 1 provides that articles are to be classified by the terms of the headings and relative Section and Chapter Notes. For an article to be classified in a particular heading, the heading must describe the article, and not be excluded therefrom by any legal note. In the event that 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 understanding the language of the HTSUS, the Harmonized Commodity Description and Coding System Explanatory Notes (ENs) may be utilized. ENs, though not dispositive or legally binding, provide commentary on the scope of each heading of the HTSUS, and are the official interpretation of the Harmonized System at the international level. Customs believes the ENs should always be consulted. See T.D. 89-80, 54 Fed. Reg. 35127, 35128 (August 23, 1989).
The HTSUS provisions under consideration are as follows:
Files, rasps, pliers (including cutting pliers), pincers, tweezers, metal cutting shears, pipe cutters, bolt cutters, perforating punches and similar handtools, and base metal parts thereof:
Pipe cutters, bolt cutters, perforating punches and similar tools, and parts thereof:
With cutting part containing by weight over 0.2 percent of chromium, molybdenum, or tungsten or over 0.1 percent of vanadium.
* * *
Other (including parts).
Chemical analyses performed on the cutting parts of the subject punches demonstrate that chromium, molybdenum and tungsten are present in very small quantities which do not amount to 0.2 percent by weight. The results also show that the content of vanadium is well under 0.1 percent by weight. Therefore, the original classification of the subject merchandise in subheading 8203.40.30, HTSUS, is incorrect.
Due to the chemical composition of their cutting parts, the subject punches are classified in subheading 8203.40.60, HTSUS, which provides for files, rasps, pliers (including cutting pliers), pincers, tweezers, metal cutting shears, pipe cutters, bolt cutters, perforating punches and similar handtools, and base metal parts thereof: pipe cutters, bolt cutters, perforating punches and similar tools, and parts thereof: other (including parts).
HOLDING:
The subject merchandise is classifiable in subheading 8203.40.60, HTSUS, which provides for files, rasps, pliers (including cutting pliers), pincers, tweezers, metal cutting shears, pipe cutters, bolt cutters, perforating punches and similar handtools, and base metal parts thereof: pipe cutters, bolt cutters, perforating punches and similar tools, and parts thereof: other (including parts).
EFFECT ON OTHER RULINGS:
NY I87964, dated November 5, 2002, is hereby modified. In accordance with 19 U.S.C. 1625(c), this ruling will become effective 60 days after publication in the Customs Bulletin.
Sincerely,
Myles B. Harmon, Director
Commercial Rulings Division