CLA-2 RR:CR:GC 960786 PH
Ms. Brigitta Miranda-Freer
Winner International
Winner Building
32 West State Street
Sharon, Pennsylvania 16146
RE: Reconsideration of NY B86871; "Power Lock"; padlocks and
locks; other electronic switches; GRI 3(a); ENs GRI
3(a)(IV); 83.01; 85.36
Dear Ms. Miranda-Freer:
This is in response to your letter of July 15, 1997, to
Customs in New York, New York, requesting reconsideration of NY
B86871 dated July 1, 1997, concerning the classification under
the Harmonized Tariff Schedule of the United States (HTSUS) of an
article called a "Power Lock." A sample and descriptive
literature were provided. Your letter was referred to this
office for reply. We regret the delay in responding to your
request.
FACTS:
The article consists of a plastic housing, 4.4 centimeters
long and 2.8 centimeters wide, with two slots into which the
prongs of an electrical plug fit. The housing contains a key-operated lock, of cylinder construction, made of base metal.
After the prongs of an electrical plug have been inserted into
the article, the user turns the key 90 degrees counterclockwise
and removes it, thus locking in the electric plug. Two keys are
provided with the article. The descriptive literature describes
the article as "fit[ting] all standard plug sizes[,] grounded or
polarized" and "perfect to lock up power tools, appliances, TV's
& VCR's[.]"
In NY B86871 Customs determined the essential character of
the article to be provided by the locking mechanism of base metal
and classified the article under the provision for padlocks and
locks of base metal, of cylinder or pin tumbler construction, not
over 3.8 centimeter in width, in subheading 8301.10.60, HTSUS.
You contend that the function of the article is "... to stop
power by locking out power plugs, thus preventing the completion
of an electrical circuit" and classification should be under the
provision for switches, plugs, sockets, etc. You refer to
heading 8536, HTSUS.
The competing subheadings are as follows:
8301.10.60: 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: Padlocks:
... Of cylinder or pin tumbler construction:
Not over 3.8 cm in width.
The 1998 general column one rate of duty for goods classifiable
under this subheading is 6.1% ad valorem.
8536.50.90: Electrical apparatus for switching or
protecting electrical circuits, or for making
connections to or in electrical circuits (for
example, switches, relays, fuses, surge
suppressors, plugs, sockets, lamp-holders,
junction boxes), for a voltage not exceeding
1,000 [volts]: ... Other switches: ... Other:
... Other.
The 1998 general column one rate of duty for goods classifiable
under this subheading is 3.2% ad valorem.
ISSUE:
Whether the "Power Lock" is classifiable as a padlock or
lock of base metal in subheading 8301.10.60, HTSUS, or other
electrical apparatus for switching or protecting electrical
circuits in subheading 8536.50.90, HTSUS.
LAW AND ANALYSIS:
Classification of merchandise under the HTSUS is in
accordance with the General Rules of Interpretation (GRI's).
GRI 1 provides that classification is determined according to the
terms of the headings and any relative section or chapter notes.
GRI 3(a) provides that "[w]hen ... goods are, prima facie,
classifiable under two or more headings ... [t]he heading which
provides the most specific description shall be preferred to
headings providing a more general description. ..."
The Harmonized Commodity Description and Coding System
Explanatory Notes (ENs) constitute the official interpretation of
the Harmonized System. While not legally binding on the
contracting parties, and therefore not dispositive, the ENs
provide a commentary on the scope of each heading of the
Harmonized System and are thus useful in ascertaining the
classification of merchandise. Customs believes the ENs should
always be consulted. See T.D. 89-80, published in the Federal
Register August 23, 1989 (54 FR 35127, 35128).
EN GRI 3(a)(IV) provides, in part, that:
It is not practicable to lay down hard and fast rules by
which to determine whether one heading more specifically
describes the goods than another, but in general it may be
said that ... [a] description by name is more specific than
a description by class (e.g., shavers and hair clippers,
with self-contained electric motor, are classified in
heading 85.10 and not in heading 85.08 as electro-mechanical
tools for working in the hand or in heading 85.09 as
electro-mechanical domestic appliances with self-contained
electric motor). ...
EN 83.01 provides, in part, that:
This heading covers fastening devices operated by a key
(e.g.,, locks of the cylinder, lever, tumbler or Bramah
types) ... [and] therefore covers, inter alia: (A)
[p]adlocks of all types for doors, trunks, chests, bags,
cycles, etc., including key-operated locking hasps [and] (B)
[l]ocks for doors or gates, letter boxes, safes, boxes or
caskets, furniture, pianos, trunks, suit-cases, handbags,
dispatch-cases, etc.; for automobiles, railway rolling-stock, tramcars, etc.; for lifts, shutters, sliding doors,
etc.
EN 85.36 provides that the heading includes apparatus for
switching electrical circuits, protecting electrical circuits,
and making connections to or in electrical circuits, as well as
parts thereof. The EN describes the first kind of apparatus as
"... consist[ing] essentially of devices for making or breaking
one or more circuits in which they are connected, or for
switching from one circuit to another ..." The second kind of
apparatus includes fuses and other devices for preventing the
overload of circuits, and the third is described as being "used
to connect together the various parts of an electrical circuit."
The examples given for each kind of apparatus consist of articles
through which electricity may flow (e.g., switches for use in
radio apparatus, domestic electrical wiring, and starting
electric motors, relays, contactors (devices for making and
breaking electrical circuits), fuses, circuit breakers, plugs,
sockets, connectors, terminals, and junction boxes).
Clearly, the article under consideration is described by
heading 8301 (a padlock or lock operated by key of cylinder
construction) and EN 83.01 (a fastening device operated by a
key). The article does not meet the description in EN 85.36 of
articles included in heading 8536, in that it does not make or
break one or more circuit in which it is connected, it does not
prevent the overload of circuits, and it is not used to connect
together parts of an electrical circuit. It differs from the
examples in EN 85.36 in that electricity may not flow through it;
instead it physically prevents a plug from being inserted into a
socket so that electricity may flow and it must be removed before
that can happen. In regard to the latter, we note the statement
in EN 85.36 that "[j]unction boxes not fitted with means of
electrical connection, but used solely as a protective cover or
to hold an insulating compound over a joint made independently,
are not covered here ...." Similarly, the "Power Lock" is not
fitted with a means of electrical connection but is used solely
as a protective cover over a plug.
Finally, even if the article were described by heading 8536
(and we conclude that it is not), the description in heading 8301
(padlocks and locks of base metal) clearly provides a more
specific description as to the article than that in heading 8536
(electrical apparatus for switching or protecting electrical
circuits, or for making connections to or in electrical
circuits). See, in this regard, the example in EN GRI 3(a)(IV)
(shavers and hair clippers with a self-contained electrical motor
in heading 8510 is more specific than electro-mechanical tools
for working in the hand in heading 8508 or electro-mechanical
domestic appliances with a self-contained electric motor in
heading 8509).
HOLDING:
The "Power Lock" is classifiable as a padlock or lock of
base metal in subheading 8301.10.60, HTSUS.
EFFECT ON OTHER RULINGS:
NY B86871 is affirmed.
Sincerely,
John Durant, Director,
Commercial Rulings Division