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HQ 083357


October 3, 1989

CLA-2 CO:R:C:G 083357 JMH

CATEGORY: CLASSIFICATION

TARIFF NO.S: 8213.00.30/90

Kenneth G. Weigel, Esq.
Morgan, Lewis & Bockius
1800 M Street, N.W.
Washington, D.C. 20036

RE: Scissor Blade Forgings

Dear Mr. Weigel:

Your letter of August 24, 1988, requesting a classification ruling under the Harmonized Tariff Schedule of the United States (HTSUSA) for certain scissor blade forgings has been referred to this office for a reply.

FACTS:

The merchandise is question are steel forgings, imported from Great Britain, which after processing will become scissor blades. To create the forgings a bar of raw steel is sheared to blank shape and then heated at a very high temperature and struck by a hammer between two dies. The forgings are struck a second time to finish the cutting and then cooled and sent through a trimming machine. Subsequently, the steel is softened (annealed) and straightened. The finishing process occurs in the United States.

ISSUE:

Whether the forgings are "semifinished products or iron or nonalloy steel" under heading 7207, HTSUSA, or "scissors...and blades and other base metal parts thereof" under heading 8213, HTSUSA.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is governed by the General Rules of Interpretation (GRI's). GRI 1 states in part that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes..." The competing headings in this case are
headings 7207 and 8213, HTSUSA. These headings provide:

7207 Semifinished products of iron or nonalloy steel...

7207.20.90 Containing by weight 0.25 percent or more of carbon...Other

8213 Scissors, tailors' shears and similar shears, and blades and other base metal parts thereof...

8213.00.30/90 Valued not over $1.75/dozen / Valued over $1.75/dozen

It is the opinion of this office that heading 8213, HTSUSA, is the appropriate heading for the steel forgings. GRI 2(a) states

Any reference in a heading to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as entered, the incomplete or unfinished article has the essential character of the complete or finished article...(emphasis added).

Heading 8213, HTSUSA, specifically refers to "Scissors...and blades and other base metal parts..." The steel forgings in question are admitted to be scissors in an incomplete or unfinished stage.

The point in contention is whether the forgings have the "essential character" of a scissors. The disputed item has the basic design and configuration of one-half of a scissors. It is clear that the forging has the "essential character" required to fall within heading 8213, HTSUSA.

The evidence does not support placing the item within heading 7207, HTSUSA. The Explanatory Notes 72.07 (B), Harmonized Commodity Description and Coding System, Vol. 3, p. 991 states that heading 7207 "covers only those pieces which require considerable further shaping in the forge, press, lathe, etc." (original emphasis) The note continues

"The heading similarly excludes drop forgings and pressings produced by forging between matrices since the articles produces by these operations are ready for
final machining."

The instant forgings do not require "considerable further shaping" and are forged between dies, another term for matrice. Thus, the steel forgings do not belong within heading 7207, HTSUSA.

HOLDING:

The steel scissors blade forgings are classifiable under subheading 8213.00.90, HTSUSA, as "...blades and other base metal parts thereof...Valued over $1.75/dozen...Other (including parts)." The rate of duty is $0.10 each plus 10 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division

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