CLA-2-82:OT:RR:NC:1:118
Mr. James Liu
American Presto Corp.
4001 E. Santa Ana Street
Ontario, CA 91761
RE: The tariff classification of a rebar cutter and cable cutters from Japan.
Dear Mr. Liu:
In your letter dated August 13, 2012, you requested a tariff classification ruling. The samples you have submitted are being returned as you requested.
The sample identified as a Cable Cutter (factory number SC250), is designed for cutting copper and aluminum cable. This hand-operated tool is made of steel and consists of two handles that operate two shear-type blades around a pivot. It has an overall length of 23.5” and a net weight of 4 ¼ lbs. You have stated that the cable cutter will be imported in four additional models (factory numbers SC250S, SC250R, SC500R and SC750). They are identical in design to the submitted sample but will range in overall lengths from 18” to 36” and have net weights between 4 lbs and 11 lbs.
The sample identified as a Rebar Cutter (factory number RC16) is a manually operated, mechanical device designed for cutting solid rebar or metal rod. It has an overall length of 52 inches, a net weight of 30 lbs, a cutting capacity of 3/8 inches – 5/8 inches and handles made with steel tube. The device incorporates shear-cut blades with two slots. The blades are made from forged alloy steel. Examination of the submitted sample shows that the device incorporates a lower base and is not a tool for operating or working in the hand. The lower base allows the device to be bolted to the floor or a board. Upper and lower pipes are inserted into the upper and lower bases. The material to be cut is placed between the blades and cut through the force and pressure exerted by the user on the pipes. The user pulls down on the upper pipe while placing his foot on the lower pipe. As the upper pipe moves closer to the lower pipe, the blades come together and contact the metal being cut. The blades penetrate the metal until tensile strength is overcome by pressure and penetration. The slots of the individual blades move out of alignment and shear the material in the process.
The applicable subheading for the cable cutters (factory numbers SC250S, SC250, SC250R, SC500R and SC750) will be 8203.30.0000, Harmonized Tariff Schedule of the United States (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: metal cutting shears and similar tools, and parts thereof. The rate of duty will be free.
The applicable subheading for the manually operated Rebar Cutter (factory number RC16) will be 8462.39.0020, HTSUS, which provides for “Machine tools (including presses) for working metal by forging, hammering or die-stamping; machine tools (including presses) for working metal by bending, folding, straightening, flattening, shearing, punching or notching; presses for working metal or metal carbides, not specified above: Shearing machines (including presses), other than combined punching and shearing machines: Other…Other, valued under $3,025 each”. The rate of duty will be 4.4 percent ad valorem.
You proposed classifying the Rebar Cutter (factory number RC16) within subheading 8203.30.0000, HTSUS. Explanatory Note A to Chapter 82 states that the Chapter includes: “Tools which, apart from certain specified exceptions (e.g. blades for machine saws), are used in the hand (headings 82.01 to 82.05).” Inasmuch that the Rebar Cutter is operated by placing it on the floor, classification within Chapter 82 is incorrect.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Anthony Grossi at (646) 733-3021.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division