CLA-2:RR:CR:GC 967065 IOR
Tariff No.: 8302.10.6030
Kurt T. Mann
Mann International Services, Inc.
P.O. Box 612085 AMF
DFW Airport, TX 75261-2085
RE: Spring Hinge
Dear Mr. Mann:
This is in response to your letter of February 25, 2004, to the Director, National Commodity Specialist Division (NCSD) New York, on behalf of your client, The Penrod Company, requesting a binding ruling on the classification under the Harmonized Tariff Schedule of the United States (HTSUS), of a spring hinge. A sample was submitted for our examination. Your ruling request was referred to this office for reply by the NCSD.
FACTS:
The subject merchandise consists of a box containing two spring hinges and several screws. The screws are for installing the hinge to the door and door jamb. Instructions for installing the hinge and adjusting the springs are printed on the box. The spring hinges are door hinges with internal adjustable springs to automatically close the door. You have provided the Builders Hardware Manufacturers Association definition of a “spring hinge” as follows:
A hinge with flanges or leaves which attach to the door and jamb and are connected to the hinge pivot point(s) (barrel). Springs provide energy to close a door from the open position or, in some cases, open a door from the closed position.
Emphasis supplied. The spring hinges in question are capable of only closing a door, and not opening a door. Each hinge is made of brass-plated steel. The internal adjustable spring can be adjusted by rotating the adjustment capstan on the top of the center piece by the use of a hex wrench, and insertion of a tension pin in the tension hole on the center piece. You state that opening the door causes compression of the spring, which opening force is absorbed by the spring. After the door is opened, the spring releases the retained force and returns to its original closed state.
You refer to the merchandise as a “spring hinge (door closer)” and have concluded that the proper classification of the spring hinge is in subheading 8302.41.30, HTSUS, 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: Door closers (except automatic door closers), and parts thereof….”
ISSUE:
Whether the spring hinges are classified as “hinges” or as “door closers” under heading 8302, HTSUS?
LAW AND ANALYSIS:
Merchandise is classifiable under the HTSUS in accordance with the General Rules of Interpretation (GRIs). The systematic detail of the HTSUS is such that most 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 2 through 6 may then be applied in order.
The subject merchandise consists of two hinges and several screws packaged in a box ready for retail sale which are prima facie classifiable in two different headings. GRI 3(b) states, in relevant part, that goods put up in sets for retail sale shall be classified as if consisting of the material or component which gives them their essential character, insofar as this criterion is applicable.
In understanding the language of the HTSUS, the Harmonized Commodity Description and Coding System Explanatory Notes may be utilized. The Explanatory Notes (ENs), although not dispositive nor legally binding, provide a commentary on the scope of each heading of the HTSUS, and are the official interpretation of the Harmonized System at the international level. See T.D. 89-80, 54 Fed. Reg. 35127, 35128 (August 23, 1989).
Explanatory Note (X) to GRI 3(b), on p. 5 (2002) states that for purposes of Rule 3(b) the term “goods put up in sets for retail sale” means goods which: (a) consist of at least two different articles which are, prima facie, classifiable in different headings; (b) consist of products or articles put up together to meet a particular need or carry out a specific activity; and, (c) are put up in a manner suitable for sale directly to users without repacking (e.g., in boxes or cases or on boards).
Applying these criteria to the box containing the spring hinges and screws, we find that the box of articles meets each of the three requirements for “sets” stated above. There is no heading in the HTSUS which provides a specific description for these articles pursuant to GRI 3(a). Under Rule 3(b), the factor which determines essential character will vary with the goods. It may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods. The screws in the set are for the installation of the spring hinges. For this reason, we conclude that it is the spring hinges which impart the essential character to the set, and the spring hinge set is to be classified as if consisting only of the spring hinges.
With regard to the spring hinges themselves, the HTSUS subheadings under consideration are as follows:
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:
8302.10 Hinges, and parts thereof
***
Other…
Suitable for interior and exterior doors (except garage, overhead or sliding doors)
***
Suitable for buildings:
Door closers (except automatic door closers), and parts thereof…..
***
8302.60. Automatic door closers, and parts thereof:
8302.60.3000 Automatic door closers
You claim that the spring hinge should be classified as a door closer and not a hinge under heading 8302, HTSUS. The guidance of the EN’s is helpful in the instant analysis. The EN to Heading 8302 describes what is covered by the subheadings at issue. Hinges under subheading 8302.10, HTSUS, are described as “(A) [h]inges of all types (e.g., butt hinges, angle hinges, strap hinges and garnets)”. The spring hinge is a type of hinge, just as a butt hinge or strap hinge.
The subheading you have suggested, 8302.41, HTSUS, for mountings, fittings and similar articles suitable for buildings, is described in the EN’s as including “(D)…(8) [d]oor stops and door closers (other than those of (H) below).” Automatic door closers under subheading 8302.60, HTSUS, are described as “(H) [a]utomatic door closers, spring or hydraulic types, for doors, gates, etc.” Research of the terms “door closer” and “automatic door closer” in the trade, results in the finding that the designations “door closer” and “automatic door closer” are used interchangeably. Generally “door closers” and “automatic door closers” refer to a device or mechanism mounted over and behind the door with an arm that is either concealed or exposed. “Spring hinges” are not referred to as “door closers”, but as a mechanism to make a door “self-closing” or to provide “closing power” or “adjustable closing speed”.
Based on our research, we conclude that neither subheading 8302.41 nor 8302.60, HTSUS, describes the spring hinge. “Door closers” and “automatic door closers” are devices other than hinges, and do not operate as hinges. Because the product at issue is commonly and commercially known and referred to as a spring hinge, and not a door closer, we find that classification under subheadings 8302.41.30 and 8302.60.30, HTSUS is precluded. Therefore, we find that the subject spring hinge is provided for in subheading 8302.10, HTSUS, specifically in subheading 8302.10.6030, HTSUS, as “Hinges, and parts thereof: Of iron or steel, of aluminum or of zinc: Other…Suitable for interior and exterior doors (except garage, overhead or sliding doors).”
HOLDING:
By application of GRI 1 and 3(b), the spring hinge is classified in subheading 8302.10.6030, HTSUSA, as “Hinges, and parts thereof: Of iron or steel, of aluminum or of zinc: Other…Suitable for interior and exterior doors (except garage, overhead or sliding doors)” with a column one, general duty rate of 3.5%. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the internet at www.usitc.gov.
Sincerely,
Myles B. Harmon, Director
Commercial Rulings Division