August 28, 2008 CBP Bulletin Notice on Classification of Rotary Cutting Blades
In the August 28, 2008 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 42, No. 36), CBP published a notice revoking a classification ruling and treatment as follows:
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Revocation of ruling, revocation of treatment.CBP is revoking a ruling on the classification of rotary cutting blades; in addition, this notice covers any rulings on this merchandise which may exist but have not been specifically identified. CBP is also revoking any treatment it has previously accorded to substantially identical transactions.
According to CBP, these actions are effective for merchandise entered or withdrawn from warehouse for consumption on or after October 27, 2008.
Rotary cutting blade. The article in question is a circular steel cutting blade. It is the rotary cutting portion of a hand-held device used in quilting and sewing applications to cut fabric.
CBP is issuing HQ H012692 in order to revoke HQ 085831 and reclassify the rotary cutting blade under HTS 8205.59.5500 as "handtools (including glass cutters) not elsewhere specified or included and parts thereof: Other: Other: Other: Of iron or steel" rather than under HTS 8211.94.5000, as "knives with cutting blades and blades and other base metal parts thereof: Other: Blades: Other."
CBP makes this change as a correction based largely on the Explanatory Notes (ENs) and the concept of "ejusdem generis" which means "of the same class or kind". The ENs to heading 8211 specify that blades of this heading are for the manufacture of the knives included in the heading, and provide a list of examples. Rotary cutting blades are not mentioned, nor are they "of the same class or kind" as the listed articles which are all straight edge blades. Additionally, the ENs to heading 8205 specifically mention small household handtools with rotary blades. The item in question is a blade used in a hand held device by home sewers and quilters.
CBP now determines that based on GRI 1, the circular steel cutting blades is properly classified in 8205.59.5560, as parts of handtools, of iron or steel.
New: 8205.59.5560, 5.3%; previous: 8211.94.5000, 1c ea 5.4%
(See ITT's Online Archives or 05/08/08 news, 08050860, for BP summary of proposed HQ H012692.)
August 28, 2008 CBP Bulletin (Vol. 42, No. 36) available at http://www.cbp.gov/xp/cgov/trade/legal/bulletins_decisions/bulletins_2008/