CLA-2 CO:R:C:M 088490 JMH
Marty Langtry
Castelazo & Associates
5420 West 104th St.
Los Angeles, CA 90045
RE: Nightstick Autobar, KMS-005; Electronic Nightstick, KMS-009;
locks; parts and accessories of the motor vehicles of
headings 8701 to 8705; Section XV, Note 2; Section XVII,
Note 1(b); Section XVII, Note 3; part of general use
Dear Mr. Langtry:
Your request for a classification ruling on behalf of Kraco
Enterprises regarding the Nightstick Autobar and the Electronic
Nightstick was referred to this office for a reply.
FACTS:
The articles in question are the Nightstick Autobar, model
KMS-005 and the Electronic Nightstick, model KMS-009. The
articles are automobile anti-theft devices and are marketed as
automobile steering wheel locks. They are imported from Korea.
Both models of steering wheel locks are made of a carbon
steel bar which is 21.5 inches long. One end of the bar fits
around the steering wheel of an automobile and is secured by a
key lock. The length of the Nightstick prevents the steering
wheel from being freely turned, since the bar will either hit the
window, the floor or the roof and prevent the wheel from being
further moved. Model KMS-009, the Electronic Nightstick also
includes a flashlight with a krypton bulb and a motion sensor.
If the car if jarred an electronic alarm will sound and the light
will flash.
ISSUE:
Whether the Nightstick Autobar and the Electronic Nightstick
are classified as "Padlocks and locks (key, combination or
electrically operated), of base metal..." in heading 8301,
Harmonized Tariff Schedule of the United States ("HTSUSA"), or
as "Parts and accessories of the motor vehicles of headings 8701
to 8705...", in heading 8708, HTSUSA.
-2-
LAW AND ANALYSIS:
The classification of merchandise under the HTSUSA is
governed by the General Rules of Interpretation ("GRIs"). GRI 1,
HTSUSA, 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 headings in
contention are headings 8301 and 8708, HTSUSA. These headings
describe the following:
8301 Padlocks and locks (key, combination or
electrically operated), of base metal...
* * * * * * * * * * * *
8708 Parts and accessories of the motor vehicles
of headings 8701 to 8705...
Heading 8301 in within chapter 83 and Section XV, HTSUSA.
Heading 8708 is within chapter 87 and Section XVII, HTSUSA. The
applicable section and chapter notes include Section XV, Note 2,
HTSUSA, Section XVII, Note 1(b), HTSUSA, and Section XVII, Note
3, HTSUSA. Section XV, Note 2(c), states that the term "parts of
general use" includes "[a]rticles of heading 8301..." Section
XVII, Note 1(b), states that "parts of general use" are excluded
from classification within Section XVII. Section XVII, Note 3
provides that references to "accessories" in chapter 87 only
applies to those articles which are solely or principally used
with the articles of chapter 87.
From the above notes it is evident that if the steering
wheel bars are locks to be classified in heading 8301, then they
are parts of general use in accordance with Section XV, Note
2(c). Parts of general use are excluded from classification
within Section XVII. The first determination to be made is if
the steering wheel bars are locks within the terms of heading
8301.
It is the opinion of this office that the Nightstick
Autobar and the Electronic Nightstick are locks. The Nightstick
Autobar and the Electronic Nightstick are steel bars which lock
onto a steering wheel so that the bar cannot be removed from the
steering wheel, and the steering wheel cannot be turned. While
the steel bar stops the steering wheel from turning, the car is
prevented from being driven away.
Explanatory Note 83.01, Harmonized Commodity Description and
Coding System ("HCDCS") indicates what is to be included in
heading 8301. The Explanatory Notes, although not dispositive,
are to be looked to for the proper interpretation of the HTSUSA.
See 54 Fed. Reg. 35127, 35128 (August 23, 1989). Explanatory
Note 83.01 indicates that fastening devices and their keys are
meant to be covered by heading 8301. HCDCS, Vol. 3, p. 1117-
1118. The Nightstick Autobar and the Electronic Nightstick act
to lock the steering wheel in place in the position in which the
driver leaves the wheel. The nightsticks are fastening devices.
Furthermore, the Nightstick Autobar and the Electronic
Nightstick are marketed as steering wheel locks. The nightsticks
are sold with special pads to ensure that the nightsticks fit
securely around the steering wheel. Although the Electronic
Nightstick has additional features as an automobile anti-theft
device, it acts primarily as a steering wheel lock. The
nightsticks are locks within the terms of heading 8301. As
articles of heading 8301, the nightsticks are excluded from
classification within Section XVII, Chapter 87, and heading 8708.
The proper classification of the steering wheel nightsticks is
subheading 8301.20.00, HTSUSA, as "Padlock and locks (key,
combination or electrically operated), of base metal...Locks of a
kind used on motor vehicles..."
HOLDING:
The Nightstick Autobar, model KMS-005 and the Electronic
Nightstick, model KMS-009, are locks used to secure an automobile
steering wheel to prevent the movement of an automobile. As
locks, the nightsticks are described by heading 8301. Articles
of heading 8301 are excluded from classification within Section
XVII, Chapter 87, and heading 8708. In accordance with GRI 1,
the Nightstick Autobar, model KMS-005 and the Electronic
Nightstick, model KMS-009 are properly classified in subheading
8301.20.00, HTSUSA, as "Padlock and locks (key, combination or
electrically operated), of base metal...Locks of a kind used on
motor vehicles..."
Sincerely,
John Durant, Director
Commercial Rulings Division