HQ 955613: Pocket Clipper/Scissor; Scissors Without Finger Rings; Spring Handle Scissors; EN 82.13; NYs 883933, 881515, and 851899

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 955613

                        February 1, 1994

CLA-2 CO:R:C:M 955613  RFA

CATEGORY:  Classification

TARIFF NO.: 8213.00.90

Mr. Leo Sarmiento
Trans-Border Customs Services, Inc.
Building #75, Room 226
JFK International Airport
North Hanger Road
Jamaica, NY  11430

RE:  Pocket Clipper/Scissor; Scissors Without Finger Rings;
     Spring Handle Scissors; EN 82.13; NYs 883933, 881515, and
     851899 

Dear Mr. Sarmiento:

     In a letter dated December 3, 1993, to the Regional
Commissioner of Customs in New York, you inquired on behalf of
Sbar's Inc., as to the tariff classification of a pocket/clipper
scissor under the Harmonized Tariff Schedule of the United States
(HTSUS).  Your letter and the sample scissors were referred to
this office for a response.

FACTS:

     The pocket clipper/scissor, except for the cutting blades,
is made in Taiwan entirely of plastic.  It is shaped like a
small, tubular fountain pen with a pocket clip, measuring 4 1/4
inches in length.  When the plastic top is removed , the two
blades spring apart.  A scissor cutting action is achieved by
alternately squeezing together and releasing the two pivoted
halves of the tubular body of the merchandise.  The import value
of the merchandise is $0.39.
  
ISSUE:

     Is the pocket clipper/scissor with no finger rings
classifiable as a scissor under the HTSUS?

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUS is in
accordance with the General Rules of Interpretation (GRI's),
taken in order.  GRI 1 provides that classification shall be
determined according to the terms of the headings and any
relative section or 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 provide a commentary on the scope of
each heading of the HTSUS and are generally indicative of the
proper interpretation of these headings.  EN 82.13, page 1114,
provides as follows: 

          The scissors classified in this heading consist of
     two superimposed blades, sometimes serrated,
     articulated on a screw or pin near the center.  In
     general the heading covers only those scissors in which
     each blade is fitted, at one end, with a finger ring. 
     The blades may be in one piece, or consist of jointed
     cutting blades and handles.

          The heading also includes certain types of
     scissors hinged at one end and with a single finger
     ring (used mainly in the textile industry).

          The heading includes, inter alia: 

          (1)  Ordinary scissors for domestic or office use,
               or for sewing, etc., with straight or curved
               blades. . . .

     Even though the subject merchandise does not have finger
rings, we find that EN 82.13 does not limit or restrict this
particular type of article, which operates with a spring-like
cutting action, to be precluded from consideration under heading
8213, HTSUS.  The reference to finger rings in EN 82.13 is
qualified by the use of the phrase "in general", and therefore,
is not a mandatory requirement for classification purposes.  The
issue to be resolved in such cases is whether the merchandise
meets the definition of a scissor even though it does not have
finger rings.  

     A tariff term that is not defined in the HTSUS or in the
EN's is construed in accordance with its common and commercial
meaning. Nippon Kogasku (USA) Inc. v. United States, 69 CCPA 89,
673 F.2d 380 (1982).  Common and commercial meaning may be
determined by consulting dictionaries, lexicons, scientific
authorities and other reliable sources. C.J. Tower & Sons v.
United States, 69 CCPA 128, 673 F.2d 1268 (1982).  Webster's New
Riverside University Dictionary defines scissors, page 1046, as a
"cutting implement having two blades joined by a pin that allows
the cutting edges to be opened and closed."

     We find that the merchandise which allows two blades, joined
by a pin, to be opened and closed by spring-type cutting action
meets the definition of scissors. See NY 883933, dated April 22,
1993; NY 881515, dated January 15, 1993; NY 851899, dated May 21,
1990.  Therefore, the pocket/clipper scissors are classifiable
under subheading 8213.00.90, HTSUS, which provides for:
"[s]cissors, tailors' shears and similar shears, and blades and
other base metal parts thereof: [v]alued over $1.75/dozen:
[o]ther. . . . " 

HOLDING:

     The pocket/clipper scissor is classifiable under subheading
8213.00.90, HTSUS, which provides for other scissors.  The
general, column one rate of duty is $0.10 each plus 10.0 percent
ad valorem.  

                              Sincerely,



                              John Durant, Director
                              Commercial Rulings Division