CLA-2 RR:CR:GC 966851 KBR
Port Director
Bureau of Customs and Border Protection
40 South Gay Street Baltimore , MD 21202
RE: Protest 1303-03-100253; Door Latches
Dear Port Director:
This is our decision on protest 1303-03-100253 filed by OMI Industries, Inc., against your action regarding the classification of door latches under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). The goods were entered April 8, 2003. The entry under protest was liquidated June 27, 2003. This protest was timely filed on September 12, 2003.
FACTS:
The product at issue is a door latch, Latch-Commercial 3” (Item no. 3120N). The door latch is a galvanized steel throw latch, actuated manually by pushing and pulling the end of the latch to block and open a door. Although a drawing of the product was provided, no sample of the product was provided. The Import Specialist reported that he received information that the door latch is principally used with garage and overhead doors.
You classified the door latch in subheading 8302.41.6045, HTSUSA, which provides for “Base metal mountings, fittings and similar articles suitable for furniture, doors, staircases, windows, blinds, coachwork, saddlery, trunks, chests, caskets or the like; base metal hat racks, hat-pegs, brackets and similar fixtures; castors with mountings of base metal; automatic door closers of base metal; and base metal parts thereof: Other mountings, fittings and similar articles, and parts thereof: Suitable for buildings: Other: Of iron or steel, of aluminum or of zinc; Suitable for interior and exterior doors (except garage, overhead or sliding doors): Other.” The protestant claims that the door latch should be classified in subheading 8301.60.0000, HTSUSA, as “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: Parts.”
ISSUE:
Whether the door latches are classified as padlocks and locks or as mountings, fittings and similar articles suitable for doors?
LAW AND ANALYSIS:
Merchandise is classifiable under the HTSUSA in accordance with the General Rules of Interpretation (GRIs). The systematic detail of the HTSUSA is such that virtually all goods are classified by application of GRI 1, that is, according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs may then be applied.
The HTSUSA provisions under consideration are as follows:
8301 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:
8301.60.0000 Parts
* * * * *
8302 Base metal mountings, fittings and similar articles suitable for furniture, doors, staircases, windows, blinds, coachwork, saddlery, trunks, chests, caskets or the like; base metal hat racks, hat-pegs, brackets and similar fixtures; castors with mountings of base metal; automatic door closers of base metal; and base metal parts thereof:
Other mountings, fittings and similar articles, and parts thereof:
8302.41 Suitable for buildings:
Other:
8302.41.60 Of iron or steel, of aluminum or of zinc
Suitable for interior and exterior doors (except garage, overhead or sliding doors):
8302.41.6045 Other
8302.41.6080 Other
In understanding the language of the HTSUSA, the Harmonized Commodity Description and Coding System Explanatory Notes (“ENs”) may be utilized. The ENs, although not dispositive or legally binding, provide a commentary on the scope of each heading of the HTSUSA, and are generally indicative of the proper interpretation of these headings. See T.D. 89-80, 54 Fed. Reg. 35127, 35128 (August 23, 1989).
The EN for heading 83.01, HTSUSA, states:
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.
Further, this EN specifically excludes simple latches from heading 83.01, stating:
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).
The ENs for heading 83.02, HTSUSA, specifically include latches:
(D) Mountings, fittings and similar articles suitable for buildings
This group includes:
* * * * *
(2) Catches (including ball spring catches), bolts, fasteners, latches [emphasis added], etc., (other than key-operated bolts of heading 83.01), for doors.
The article at issue is a simple throw latch mechanism. There is no key or combination lock for this article. Citing the above ENs, the Bureau of Customs and Border Protection (“CBP”) has consistently held that simple keyless latches are classified in heading 8302, HTSUSA, not 8301, HTSUSA. See HQ 952794 (February 12, 1993), HQ 954376 (August 18, 1993), NY 838267 (March 17, 1989), NY E86102 (August 25, 1999), NY E86090 (August 25, 1999), NY E86087 (August 26, 1999), NY G83642 (November 18, 2000) and NY B80917 (January 28, 1997). CBP made the distinction in headings between latches with a key or combination lock and simple latches clear in NY G81087 (August 25, 2000) and NY E87636 (October 1, 1999), finding that latches with key lock were classified in heading 8301, HTSUSA, and latches without a key lock were classified in heading 8302, HTSUSA.
Therefore, since the instant latch does not have a key, combination or electronic lock, pursuant to the ENs and prior CBP decisions listed above, the simple latch is classified in heading 8302, HTSUSA. The instant door latches were liquidated under subheading 8302.41.6045, HTSUSA. However, after liquidation, CBP learned that the door latch was principally used with garage and overhead doors. Subheading 8302.41.6045, HTSUSA, specifically excludes garage, overhead and sliding doors. Therefore, the door latch is classified in subheading 8302.41.6080, HTSUSA, as “[b]ase metal mountings, fittings and similar articles suitable for furniture, doors, staircases, windows, blinds, coachwork, saddlery, trunks, chests, caskets or the like; base metal hat racks, hat-pegs, brackets and similar fixtures; castors with mountings of base metal; automatic door closers of base metal; and base metal parts thereof: Other mountings, fittings and similar articles, and parts thereof: Suitable for buildings: Other: Of iron or steel, of aluminum or of zinc: Other.” This change in classification is at the statistical level only.
HOLDING:
In accordance with the above discussion the door latch, Latch-Commercial 3” (Item no. 3120N), is classified in subheading 8302.41.6080, HTSUSA, as “[b]ase metal mountings, fittings and similar articles suitable for furniture, doors, staircases, windows, blinds, coachwork, saddlery, trunks, chests, caskets or the like; base metal hat racks, hat-pegs, brackets and similar fixtures; castors with mountings of base metal; automatic door closers of base metal; and base metal parts thereof: Other mountings, fittings and similar articles, and parts thereof: Suitable for buildings: Other: Of iron or steel, of aluminum or of zinc: Other.” The 2003 column one, general rate of duty rate is 3.9% ad valorum. Duty rates are provided for the Protestant’s convenience and are subject to change. The text of the most recent HTSUSA and the accompanying duty rates are provided on the World Wide Web at www.usitc.gov.
Since the change in classification is only at the 10 digit statistical level, involving no change in duty, the protest should be DENIED. In accordance with the Protest/Petition Processing Handbook (CIS HB, June 2002, pp. 18 and 21), you are to mail this decision, together with the CBP Form 19, to the protestant no later than 60 days from the date of this letter. Any reliquidation of the entry or entries in accordance with the decision must be accomplished prior to mailing the decision.
Sixty days from the date of the decision, the Office of Regulations and Rulings will make the decision available to CBP personnel, and to the public on the CBP Home Page on the World Wide Web at www.cbp.gov, by means of the Freedom of Information Act, and other methods of public distribution.
Sincerely,
Myles B. Harmon, Director
Commercial Rulings Division