CBP Adopts Proposal to Limit Court Decisions on Wrench Definition, Addresses Concerns
CBP will adopt its proposal to limit the Court of International Trade and U.S. Court of Appeals for the Federal Circuit rulings involving locking pliers (see 2003050024), effective March 11, the agency said in a notice in the March 11 Customs Bulletin. While CBP said it will limit the decisions as proposed, it did address some concerns raised by two tool companies. Milwaukee Electric Tool Corporation and the Apex Tool Group filed the only comments on the proposal and both said CBP needed to provide more specifics (see 2003050024).
CBP sought to limit the effects of the court decisions because it considered the definition used by the courts to be one that is “too narrow and unduly limits the scope of the term by precluding various articles that function as wrenches,” CBP said. The agency said it finds its “proposed limitation to be proper in order to address this discrepancy while continuing to apply the decisions in Irwin to locking pliers identical in all material respects to those in Irwin.”
Milwaukee, in its comments, suggested a long definition to be used to classify products similar to the locking pliers from the court decisions. Among other things, the company said locking pliers should be defined as pliers that can be locking in a single position, have serrated jaws and generally incorporate a bolt to adjust jaw spacing. CBP responded that it agreed that goods that meet such a definition “would be considered 'identical in all material respects' to the locking pliers in Irwin.”
In response to an issue raised by Apex, CBP said the limitation would apply beyond just Irwin pliers. CBP confirmed “that this action limits the Irwin decisions to the extent that the definition of wrenches therein does not fully account for the range of tools that are classified as 'wrenches' (i.e. those that are used to turn work pieces without applying compressive pressure, including chain wrenches). For example, oil wrenches and pipe wrenches, which sometimes have two handles and serrated jaws not designed for use on a fastener, are also 'wrenches' of heading 8204.”
CBP seems to have resolved some concerns. “We are pleased with the decision,” said Barnes Richardson lawyer Larry Friedman, who represents Apex. “The notice states that Irwin will apply to other locking pliers that are substantially identical and that the intention was to be sure CBP can classify wrenches (e.g., chain wrenches) properly. This should allow for the correct treatment of locking pliers for Apex Tool Group and companies in addition to Irwin.” Milwaukee's lawyer didn't comment.