CLA-2 OT:RR:CTF:EMAIN H318631 NVF
Port Director, Port of New York
70 Hamilton Ave
Brooklyn, NY 11231
Ms. Pamela Pinter
Big Apple Customs Brokers Inc.
151-02 132nd Ave
Jamaica, NY 11434
Mr Jose Munoz
Jose Munoz & Associates
1717 S. 50th Street
Tampa, FL 33619-7507
RE: Revocation of HQ 957534 and NY N014017; Modification of NY 810138; Medicut Shears; Lister Bandage Scissors; Gripsors Bandage Scissors
Dear Port Director, Ms. Pinter and Mr. Munoz:
This letter is in reference to Headquarters Ruling Letter (“HQ”) 957534 (August 7, 1995), New York Ruling Letter (“NY”) 81038 (May 15, 1995), and NY N014017 (July 25, 2007), regarding the classification of various bandage and fabric scissors under the Harmonized Tariff Schedule of the United States (HTSUS). In these rulings, U.S. Customs and Border Protection (“CBP”) classified Medicut shears, Gripsors bandage scissors, and Lister bandage scissors in subheading 9018.90.80, HTSUS, which provides for, “Instruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight-testing instruments; parts and accessories thereof: Other instruments and appliances and parts and accessories thereof: Other: Other.” Upon reconsideration, CBP has determined that HQ 957534 and NY N014017 are in error and is revoking these rulings in accordance with the reasoning below. CBP has also determined that NY 810138 is in error as pertains to Lister bandage scissors and is therefore modifying the ruling accordingly. Notice of the proposed action was published in the Customs Bulletin, Vol. 56, No. 2, on January 19, 2022. No comments were received in response to that notice.
FACTS:
In HQ 957534 the subject merchandise is described as Medicut brand shears, which are 7” scissors with offset stainless steel blades and plastic handles. One blade edge is serrated, the other sharpened. They feature a safety bandage tip on the longer blade, which is designed to facilitate safe blade access between a bandage and the patient's skin. The plastic handle has one large ring to accommodate the third, fourth and fifth finger, and a smaller thumb ring. Medicut Shears are used by health care professionals in a variety of non-surgical applications, such as, cutting gauze and other bandage material, including casts. They can be used to cut wire or metal in instances where those materials are used, such as, in rigid splints. They are designed to withstand repeated autoclaving at temperatures of up to 290 degrees Fahrenheit for use in sterile environments. The Medicut shears are made from 420 surgical grade stainless steel (high chromium content). They have a blade rivet that is machine-affixed and is designed to withstand a pull force of 88kg. They have a Rockwell hardness of C58 and a sandblasted finish.
In NY N014017, the subject merchandise consists of various models of Gripsors brand scissors. They are stainless steel scissors to be used by personnel in the nursing care profession specifically designed for removing and applying medical bandages with the additional feature of having grooves in the handles that can grip IV and G tubing, vials, etc. They are angled at about 45 degrees and have a bulbous ending on the longer cutting blade
In NY 81038, the subject merchandise is described as Lister bandage scissors in lengths of 3.5”, 4.5”, 5.5” and 7.5”. They are made of stainless steel.
ISSUE:
Whether scissors used for removing bandages are classified as instruments used in in medical, surgical, dental or veterinary sciences of heading 9018, HTSUS, or as scissors of heading 8213, HTSUS.
LAW AND ANALYSIS:
Classification of goods under the HTSUS is governed by the General Rules of Interpretation (GRI). GRI 1 provides that classification shall be determined according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs 2 through 6 may then be applied in order.
The HTSUS subheadings under consideration are as follows:
8213 Scissors, tailors’ shears and similar shears, and blades and other base metal parts thereof.
9018 Instruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight-testing instruments; parts and accessories thereof
Note 1(h) to Section XV, HTSUS states that Section XV, which includes Chapter 82, does not cover the "[i]nstruments or apparatus of section XVIII." Thus, if the subject scissors are classifiable under heading 9018, HTSUS, a Section XVIII heading, they cannot be classified as scissors under heading 8213, HTSUS.
The Harmonized Commodity Description and Coding System Explanatory Notes (“ENs”) constitute the official interpretation of the HTSUS. While not legally binding or dispositive, 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 at the international level. See T.D. 89-80, 54 Fed. Reg. 35127 (August 23, 1989).
EN 90.18 states that heading 9018 "covers a very wide range of instruments and appliances which, in the vast majority of cases, are used only in professional practice (e.g., by doctors, surgeons, dentists, veterinary surgeons, midwives), either to make a diagnosis, to prevent or treat an illness or to operate, etc." The EN further states that "a number of the instruments used in medicine or surgery (human or veterinary) are, in effect, tools (e.g., hammers, mallets, saws, chisels, gouges, forceps, pliers, spatulae, etc.), or articles of cutlery (scissors, knives, shears, etc.)." According to EN 90.18, articles can only be classified under heading 9018, HTSUS, if "they are clearly identifiable as being for medical or surgical use by reason of their special shape, the ease with which they are dismantled for sterilisation, their better quality manufacture, the nature of the constituent metals or by their get-up . . . ."
In this case, we have various scissors that are used to remove bandages and other fabric. We observe that these scissors are very similar to scissors used by EMTs and first responders to cut off patients’ clothing. Some of the scissors have offset blades and/or blunted safety tips. The scissors are used to remove bandages after a medical procedure has been completed. Thus, the scissors at issue are not used to diagnose or treat an illness, nor in a surgical setting, but rather after a medical procedure is performed when healing is underway or completed.
We are further convinced that these scissors are not medical or surgical instruments because they are used on fabric that is outside the human body and not actively used by a medical professional to diagnose or treat an illness, or perform surgery. Indeed, a brief search of the Unified Medical Language System, a database maintained by the National Institute for Health, yielded a long list of exemplars that more clearly fall under surgical or medical use, such as: Aebli corneal scissors, Craig brain scissors, hysterectomy scissors, microsurgery scissors, and Ragnell undermining scissors. These exemplars suggest the existence of a wide variety of specialized medical instruments that are used by doctors or surgeons during a medical procedure, and generally used to cut human tissue rather than fabric bandages after the procedure is completed. Indeed, Customs has previously classified iris dissecting scissors in heading 9018 because they are specially designed and manufactured for eye surgery. HQ 088876 (Feb. 3, 1992); see also NY D83744 (Nov. 9, 1998) (classifying surgical scissors in heading 9018, HTSUS). By contrast, Customs has also previously recognized that various tactical shears designed to cut clothing or seat belts in an emergency setting do not rise to the level of medical or surgical instruments. NY N271492 (Jan. 7, 2016).
Finally, we observe that the subject scissors are not sufficiently specialized to be considered instruments used in medical or surgical sciences. While they have offset blades and blunted safety tips, we observe that many consumer fabric scissors have offset blades and that all child safety scissors have blunted safety tips. The serration in the Medicut shears and the grooved edges of the Gripsors are features that are not integral to the function of the scissors, and thus do not render these ordinary scissors into specialized medical instruments. Although the Medicut shears are said to withstand heat of autoclaving, the same could be said of virtually all scissors made from stainless steel; there is no indication that the Medicut shears can be dismantled for sterilization.
In light of the foregoing, we find that the subject scissors used to cut bandages are classified under heading 8213 as scissors.
HOLDING:
By application of GRIs 1 and 6, bandage scissors are classified in heading 8213, specifically subheading 8213.00.90, HTSUS which provides for “Scissors, tailors’ shears and similar shears, and blades and other base metal parts thereof: Valued over $1.75/dozen: Other (including parts).” The column one, general rate of duty is 3¢ each + 3% ad valorem.
Duty rates are provided for your convenience and subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at www.usitc.gov/tata/hts/.
EFFECT ON OTHER RULINGS:
HQ 957534 (August 7, 1995) and NY N014017 (July 25, 2007) are REVOKED and NY 81038 (May 15, 1995) is MODIFIED.
In accordance with 19 U.S.C. 1625(c), this ruling will become effective 60 days after its publication in the Customs Bulletin.
Sincerely,
Craig T. Clark, Director
Commercial and Trade Facilitation Division