HQ 083357: Scissor Blade Forgings

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 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
                               -2-

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
                               -3-

     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