CLA-2 CO:R:C:M 952794 EJD
TARIFF NO: 8302.41.60
Mr. Peter Jederman
President
Trimark Venture Development Corporation
P.O. Box 3587
349 W. Georgia Street
Vancouver, British Columbia
Canada V6B 3Y6
RE: Portabolt; deadbolt lock; subheading 8301.40.60; GRIs 1,
3(b) and 3(c); composite good; essential character; ENs
83.01 and 83.02
Dear Mr. Jederman:
This is in response to your letter of October 14, 1992,
concerning the classification of a portable deadbolt lock
identified as "the Portabolt" under the Harmonized Tariff
Schedule of the United States (HTSUS). A sample was submitted
for our examination.
FACTS:
The Portabolt is about seven inches long and one inch in
diameter. It consists of a steel hook and a plastic (fibreglass
reinforced nylon) body containing a trigger. It is intended to
be used by travellers for extra security in a hotel room.
The Portabolt provides the security of a permanently
installed deadbolt. It is designed to be hooked to the strike
pocket of an in-swing door. Its patented ratcheting turn-to-
tighten feature locks a door quickly and easily from the inside,
making it impossible to pick the lock or to unlock the room from
the outside. The Portabolt can be released by pressing the
trigger.
You contend that the Portabolt is classifiable under
subheading 8301.40.60, HTSUS, which provides for "[p]adlocks 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 . . . [o]ther locks . . . [o]ther."
ISSUE:
Is the Portabolt a lock?
LAW AND ANALYSIS:
Merchandise is classifiable under the Harmonized Tariff
Schedule of the United States (HTSUS) in accordance with the
General Rules of Interpretation (GRIs). GRI 1 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, and provided the headings or notes do not
require otherwise, according to GRIs 2 through 6.
The Explanatory Notes (ENs) are the official interpretation
of the Harmonized Commodity Description and Coding System (HCDCS)
at the international level. They provide a commentary on the
scope of each heading of the Harmonized System and are thus
useful in ascertaining the classification of merchandise under
the System. The Explanatory Notes, although not dispositive, are
to be looked to for the interpretation of the HTSUS. 54 Fed.
Reg. 35127, 35128 (Aug. 23, 1989).
EN 83.01 states, in pertinent part, at pages 1117-1118,
that:
This heading 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).
It also includes electrically operated locks (e.g., for
street doors of blocks of flats or for lift doors). These
locks may be operated, e.g., by insertion of a magnetic
card, by entering the combination data on an electronic
keyboard, or by radio wave signal.
* * *
The 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). (Emphasis
added in the original.)
EN 83.02 states, in pertinent part, at page 1119, that:
* * *
The heading covers:
* * *
(D) Mountings, fittings and similar articles suitable for
buildings
This group includes:
* * *
(2) Catches (including ball spring catches), bolts,
fasteners, latches, etc., (other than key-operated
bolts of heading 83.01), for doors.
It is our opinion that the Portabolt is not similar to the
articles specified in heading 8301, HTSUS. It is not a fastening
device as described in EN 83.01. Therefore, classification in
subheading 8301.40.60, HTSUS, is precluded.
No single heading covers the Portabolt in its entirety and,
accordingly, classification cannot be accomplished by application
of GRI 1 alone. Chapter 39, HTSUS, provides for articles of
plastics and Chapter 83, HTSUS, provides for articles of base
metal.
When goods are prima facie classifiable under two or more
headings, GRI 3 is applicable. In this case, GRI 3(b) is
applicable and provides:
[m]ixtures, composite goods consisting of different
materials or made up of different components, and goods put
up in sets for retail sale, which cannot be classified by
reference to 3(a), shall be classified as if they consisted
of the material or component which gives them their
essential character, insofar as this criterion is
applicable.
The subject merchandise is described by and prima facie
classifiable under heading 3926, HTSUS, as other articles of
plastics, and heading 8302, HTSUS, as base metal mountings,
fittings and similar articles. Therefore, it must be determined
whether the plastic body or the steel hook gives the merchandise
its essential character.
In general, essential character has been construed to mean
the attribute which strongly marks or serves to distinguish what
an article is; that which is indispensable to the structure, core
or condition of the article. In addition, EN VIII to GRI 3(b),
reads as follows:
The factor which determines essential character will vary
between different kinds of goods. It may, for example, be
determined by the nature of the material, its bulk,
quantity, weight or value, or by the role of the constituent
material in relation to the use of the goods.
HCDCS, p. 4.
The issue presented is whether the essential character of
the article is imparted by the plastic body or the steel hook.
Both the steel hook and the plastic body of the Portabolt
contribute directly to securing the door. Considering all
factors present, it is our position that it is impossible to
ascertain which of the two components imparts its essential
character.
GRI 3(c) requires that when merchandise cannot be classified
by reference to 3(a) or 3(b), the merchandise should be
classified under the heading which occurs last in numerical
order. Therefore, the Portabolt is properly classifiable under
subheading 8302.41.60, HTSUS, which provides for:
Base metal mountings, fittings and similar articles suitable
for furniture, doors, staircases, windows, . . . or the
like; . . . automatic door closers of base metal; and base
metal parts thereof . . . [o]ther mountings, fittings and
similar articles, and parts thereof . . . [s]uitable for
buildings . . . [o]ther . . . [o]f iron or steel, of
aluminum or of zinc.
HOLDING:
The Portabolt is properly classified under subheading
8302.41.60, HTSUS, which provides for base metal mountings for
doors, with a rate of duty of 5.7 percent ad valorem.
Subheading 8302.41.60, HTSUS, is an eligible tariff
provision for preferential treatment under the United States-
Canada Free Trade Agreement. If the articles are deemed to be
goods originating in the territory of Canada, pursuant to General
Note 3(c)(vii), HTSUS, they will be eligible for preferential
duty treatment at the rate of duty of 2.8 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division