Irwin Industrial Tools Files for Preferred Classification of Locking Pliers

Manufacturer and distributor Irwin Industrial Tool filed a complaint at the Court of International Trade seeking to secure a particular customs classification for its locking pliers in line with prior CIT rulings on the issue. The locking pliers have two handles with two opposing metal jaws with metal teeth connected by a joint or pivot that also includes a spring mechanism (Irwin Industrial Tool Company v. U.S., CIT #15-00107).

Irwin, which is owned by Stanley Black & Decker, brought in the pliers under Harmonized Tariff Schedule subheading 8203.20.6030, which provides for "Pliers (including cutting pliers), pincers, tweezers and similar tools, and parts thereof: Other (except parts): Pliers," dutiable at 12 cents/dozen + 5.5%. In the complaint, Irwin cited a 2017 CIT case -- later affirmed by the U.S. Court of Appeals for the Federal Circuit -- in which the court found that this subheading refers to “a versatile hand tool with two handles and two jaws that are flat or serrated and are on a pivot, which must be squeezed together to enable the tool to grasp an object.”

Due to this court precedent, along with the Associated Society of Mechanical Engineers standard for locking pliers, the court should order the reliquidation of the entries for this particular subheading, Irwin argued.