CLA-2 CO:R:C:M 956820 DFC
District Director of Customs
1000 2nd AVE
RM 2200
Seattle, WA 98104
RE: Protest 3001-94-100381; Pliers, Locking; Wrenches;
Associated Consumers v. United States
Dear District Director:
This is in response to Protest 3001-94-100381, covering a
shipment of locking pliers produced in Taiwan.
FACTS:
The merchandise involved is a locking plier. This product
operates in a torquing manner, in a similar fashion to a wrench
and not in the pincer action of pliers.
The entry covering the locking pliers, identified as "Item
No. 84387 10" Locking Plier," was liquidated on April 8, 1994,
under subheading 8204.12.00, Harmonized Tariff Schedule of the
United States (HTSUS), which provides for hand-operated spanners
and wrenches, and parts thereof, adjustable, and parts thereof.
The protest was timely filed on June 3, 1994.
The protestant claims that the locking pliers are properly
classifiable under subheading 8203.20.60, HTSUS, which provides
for pliers (including cutting pliers), pincers, tweezers and
similar tools, and parts thereof, other, other (except parts).
ISSUE:
Are the locking pliers classifiable as wrenches?
LAW AND ANALYSIS:
Classification of goods under the HTSUS is governed by the
General Rules of Interpretation (GRI's). GRI 1 provides that
"classification shall be determined according to the terms of the
headings and any relative section or chapter notes, and, provided
such headings or notes do not otherwise require, according to
[the remaining GRI's taken in order]." In other words,
classification is governed first by the terms of the headings of
the tariff and any relative section or chapter notes.
The competing provisions are as follows:
8203 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:
* * *
8203.20 Pliers (including cutting pliers, pincers,
tweezers and similar tools, and parts
thereof:
* * *
Other:
* * *
8203.20.60 Other (except parts)
8204 Hand-operated spanners and wrenches (including
torque meter wrenches but not including top
wrenches); socket wrenches, with or without
handles, drives or extensions; base metal parts
thereof:
Hand-operated spanners and wrenches, and
parts thereof:
8204.11.00 Nonadjustable, and parts thereof . . .
* * *
8204.12.00 Adjustable, and parts thereof . . .
Protestant claims that the locking pliers have been
classified by Customs as pliers for the past 16 years. Further,
if the locking pliers are wrenches, protestant asks why people
call them pliers or vise grip pliers? No evidence or arguments
in support of protestant's contention were presented.
In the case of Associated Consumers v. United States, 5 CIT
148 (1983), the court addressed the classification of merchandise
invoiced as "Vise Grips" under the Tariff Schedules of the United
States (TSUS), the predecessor tariff act of the HTSUS. We
believe this case is relevant to a determination of the
classification of the locking pliers in issue. The merchandise
involved in that case appears to be the same as the locking
pliers in issue.
In Associated Consumers, plaintiff claimed that the "Vise
Grips" were properly classifiable under item 648.85, TSUS, as
pliers, nippers, and pincers, and hinged tools for holding and
splicing wire and parts of the foregoing, other, or
alternatively, under item 649.37, TSUS, as clamps However,
Customs classified the merchandise under item 648.97, TSUS, as
pipe tools (except cutters), wrenches, and parts thereof.
The Court found that the identifying characteristic of a
wrench" is its special ability to fixedly grasp an object and
allow the user to exert a twisting or wrenching force." Further,
"pliers are tools of a more generally manipulative nature, not
specifically designed to exert a twisting force. They are
usually described as pincers, whose grasp is dependent upon hand
pressure, and whose jaws are adapted to handling small objects
and bending or shaping wire."
The Court in arriving at its decision to classify the "Vise
Grips" as wrenches under item 648.97, TSUS, described the
function of the "Vise Grip" as follows:
The imported tool does [sic] two handles. But the presence
of two handles is not inconsistent with classification as
wrenches, United States v. Ritter Carlton Co., supra. The
most significant fact in evidence is that the tool is
designed to lock its jaws in position in order to maximize
wrenching power. An adjustment screw on one handle allows
the jaws to be closed to the approximate size of an object,
and the complex levering action of the other handle locks
the jaws into the object with great pressure. This dominant
feature allows the user to concentrate muscular force
completely on a wrenching movement.
Congress has indicated that earlier rulings must not be
disregarded in applying the Harmonized Code. The conference
report to the Omnibus Trade Bill states that on a case by case
basis prior decisions should be considered instructive in
interpreting the HTSUS, particularly where the nomenclature
previously interpreted in those decisions remains unchanged and
no dissimilar interpretation is required by the text of the
HTSUS. H.Rep No.576, 100 Cong., 2d Sess. 548 (1988) at 550
It is our view that the cited Court case controls the
classification of the "Vise Grips" or locking pliers noting that
provisions for pliers and wrenches under the TSUS have not been
significantly changed in the HTSUS.
HOLDING:
The "Vise Grips" or locking pliers are dutiable at the rate
of 9% ad valorem under subheading 8204.12.00, HTSUS.
The protest should be denied. In accordance with Section
3A(11)(b) of Customs Directive 099 3550, dated August 4, 1993,
Subject: Revised Protest Directive, this decision, together with
the Customs Form 19, should be mailed by your office to the
protestant no later than 60 days from the date of this letter.
Any reliquidation of the entry in accordance with the decision
must be accomplished prior to mailing of the decision. Sixty
days from the date of the decision the office of Regulations and
Rulings will take steps to make the decision available to Customs
personnel via the Customs Rulings Module in ACS and the public
via the Diskette Subscription Service, Freedom of Information Act
and other public access channels.
Sincerely,
John Durant, Director
Commercial Rulings Division