CLA-2 CO:R:C:M 954376 KCC
Mr. Patrick W. Doherty
Schlage Lock Company
P.O. Box 193324
San Francisco, California 94119
RE: PC 856339 modified; keyless locks; 8301.40.60; EN 83.01; key
operated locks; EN 83.02; latches
Dear Mr. Doherty:
This is in response to your letter dated December 16, 1992,
to Customs in San Ysidro, California, requesting reconsideration
of Pre-Classification (PC) 856339 dated September 27, 1990, which
concerned the tariff classification of locks under the Harmonized
Tariff Schedule of the United States (HTSUS). Your letter was
forwarded to this office for a response.
FACTS:
The articles under consideration are Schlage's F10 and F40
locks. Both are keyless and designed for privacy, not for
security. The F10 lock does not have a locking mechanism.
In PC 856339 these locks were classified under subheading
8301.40.60, HTSUS, which provides for "Padlocks and locks (key,
combination or electrically operated), of base metal; clasps and
frames with clasps; incorporating locks, of base metal; keys and
parts of any of the foregoing articles, of base metal...Other
locks...Other...." You contend that the F10 and F40 locks are
properly classified under subheading 8302.41.60, HTSUS, which
provides for "Base metal mountings, fittings and similar articles
suitable for furniture, doors, staircases, windows,
blinds...Other mountings, fittings and similar articles, and
parts thereof...Suitable for buildings... Other...Of iron or
steel, of aluminum or of zinc...."
ISSUE:
Are the F10 and F40 locks classified as locks under
subheading 8301.40.60, HTSUS, or as base metal mountings and
fittings for doors under subheading 8302.41.60, HTSUS?
LAW AND ANALYSIS:
The classification of merchandise under the HTSUS is
governed by the General Rules of Interpretation (GRI's). GRI 1,
HTSUS, states, in part, "that for legal purposes, classification
shall be determined according to the terms of the headings of the
tariff and any relative section or chapter notes...."
The Harmonized Commodity Description and Coding System
(HCDCS) Explanatory Notes (ENs), although not dispositive, are to
be looked to for the proper interpretation of the HTSUS. 54 Fed.
Reg. 35127, 35128 (Aug. 23, 1989). EN 83.01 (pgs. 1117-1118),
states that heading 8301, HTSUS, "...covers fastening devices
operated by a key (e.g., locks of the cylinder, lever, tumbler or
Bramah types) or controlled by a combination of letters or
figures (combination locks)." Additionally, EN 83.01 states that
"[t]his heading does not, however, include simple latches or
bolts, etc. (heading 83.02), nor fasteners and clasps (not key or
combination operated) for handbags, brief-cases, executive-cases,
etc. (heading 83.08)."
EN 83.02 (pg. 1119), states that in heading 8302, HTSUS,
mountings, fittings and similar articles suitable for buildings
include "...bolts, fasteners, latches, etc. (other than key-operated bolts of heading 83.01) for doors...handles and knobs
for doors, including those for locks or latches."
The F10 and F40 locks are commonly known as latches or
latchsets which are designed to keep a door latched or closed,
not locked. See, Self Study Builder's Hardware Course for
Locksmiths, Part 8, Non-Keyed Latchsets. As the F10 and F40
locks are not key operated, they are excluded from classification
under subheading 8301.40.60, HTSUS. Therefore, the F10 and F40
latchset locks are classified under subheading 8302.41.60, HTSUS.
HOLDING:
The F10 and F40 locks are classified under subheading
8302.41.60, HTSUS, which provides for base metal mountings and
fittings for doors. PC 856339 is modified as set forth in this
ruling.
Sincerely,
John Durant, Director Commercial Rulings Division