CLA-2 OT:RR:CTF:TCM H166855 TNA
Ms. Silke Rees
Master Lock Company
P.O. Box 927
137 W. Forest Hill Avenue
Oak Creek, WI 53154
RE: Tariff classification of a truck bed cable lock
Dear Ms. Rees:
This is in response to your request on behalf of your client, Master Lock Company (“Master Lock”), submitted on April 15, 2011, to U.S. Customs and Border Protection (“CBP”), National Commodity Specialist Division, for a binding ruling on the tariff classification of a truck bed cable lock under the Harmonized Tariff Schedule of the United States (“HTSUS”). Your ruling request, along with a sample, was forwarded to this office for a response. The sample is being returned to you as requested.
FACTS:
The subject merchandise consists of Product Number 8255DAT, a lock that contains both the body of the lock and a detachable cable. The body is a key-operated, pin-tumbler, cylinder locking mechanism. The body of the lock incorporates the locking mechanism and two apertures that are used to secure the cable, both of which are surrounded by protective rubber. The body of the lock also contains two magnets that are intended to affix the lock to the metal of a truck to minimize vibration while the lock is being used, and to assist in storage when it is not being used. The side of the lock where the key is inserted also contains a rubber cap or bumper that can close over the top when the key is not inserted in it. The body of the lock also contains an extension, or yoke, that extends past the locking mechanism. This extension has a one-inch hole and a pair of plastic arms. The hole is necessary to secure the cable. The arms control slack cable when the lock is in use and hold the coiled cable when it is not in use. The extension also contains a built-in, fitted storage compartment for a key.
The lock’s cable is made of steel and measures 2.5 meters. It has a loop on one end and a specially shaped cap on the other end that engages the aperture of the locking device. To operate the lock, the looped end of the cable is drawn though the item to be secured. The capped end of the cable is drawn through the one-inch hole of the lock’s body, and the end is then inserted into one of the two smaller holes in the body. The second hole can accommodate a second cable, which is not included in this merchandise. When the arms are included, the body of the lock measures 14.6 cm; without the arms, it measures approximately 10 cm. When measured across the side where the key fits, the body of the lock measures approximately 3.2 cm; when measured across the arms, the body is approximately 4.7 cm.
We have included two figures in this ruling, both taken from your submission. Figure 1 below is a picture of the subject merchandise without the cable. Figure 2 is a drawing of the subject lock with a drawn depiction of the cable projecting upward. The dimension for measuring length is depicted by the drawn dimension projecting upwards from the body of the lock.
Figure One:
Figure 2:
ISSUE:
What is the width of the subject lock?
LAW AND ANALYSIS:
Classification under the HTSUS is made in accordance with the General Rules of Interpretation (GRIs). GRI 1 provides that the classification of goods shall be determined 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. GRI 6 requires that the classification of goods in the subheadings of headings shall be determined according to the terms of those subheadings, any related subheading notes and, mutatis mutandis, to GRIs 1 through 5.
The HTSUS provisions under consideration in this case 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:
8301.10 Padlocks:
Of cylinder or pin tumbler construction:
8301.10.60 Not over 3.8 cm in width
8301.10.80 Over 3.8 cm but not over 6.4 cm in width
8301.10.90 Over 6.4 cm in width
There is no dispute that the merchandise should be classified in subheading 8301.10, HTSUS, as a padlock of base metal. Rather, the question, at the 8-digit level, is how to measure the width of the subject lock. In your ruling request, you argue that the subject merchandise should be classified in subheading 8301.10.60, HTSUS, a classification that corresponds to either the measurement of the end of the lock where the key is inserted, or the yoke end of the lock body.
CBP has long classified the width of a padlock as the dimension perpendicular to the length, and has measured the width at the greatest point when the merchandise is in locked position. See, e.g., NY N113938, dated July 16, 2010; NY B85123; HQ H141716, dated January 11, 2011. CBP also has a practice of including the cable of a padlock in the measurement of the padlock’s length. See, e.g., NY K84951, dated April 28, 2004; ORR Ruling 75-0185, dated May 10, 1975. Thus, in the present case, the cable for Product Number 8255DAT will be included in measuring the padlock’s length. Because this cable is 2.5 meters long and forms a 1.25 meter high loop when attached to the lock, it is the longest dimension of Product Number 8255DAT. Thus, the length of Product Number 8255DAT is measured by the dimension along the cable and its width is measured perpendicular to the length of the cable.
With respect to the width of Product Number 8255DAT, we note that the magnets are intended to affix the body of the lock to the side of a truck. From this perspective, we measure the width starting from the side of the body of the lock where the key is inserted into the lock. The width does not include the rubber cap because it is not necessary for the functioning of the lock; to the contrary, it simply protects the locking mechanism. This determination is in accordance with prior CBP rulings. See, e.g., HQ H141716; NY N113938, dated July 16, 2010. The measurement of the width will include the yoke, however, which is more than a mere protective bumper, as evidenced by its use to secure the cable when the lock is in use or in storage. See NY N113938 (where the “shoulders” of a shackle for a cable lock were included in the measurement of the lock’s width.) Furthermore, the extension is incorporated into the body of the lock. Excluding it from the width of the lock, or only including part of it in the measurement, would lead to an unclear standard of measurement and inconsistent measurement results.
As a result, we are of the opinion that the width of Product Number 8255DAT is measured from the top of the body of the lock, where the key is inserted, to the edge of the extension’s arms. Using the sample supplied, this office measured the width of Product Number 8255DAT to be 14.6 cm. As a result, it is classified in subheading 8301.10.90, HTSUS, which provides for “Padlocks and locks (key, combination or electrically operated), of base metal… Padlocks: Of cylinder or pin tumbler construction: Over 6.4 cm in width.”
HOLDING:
By operation of GRI 1, Master Lock’s Product Number 8255DAT is classified under heading 8301, HTSUS. It is specifically provided for in subheading 8301.10.90, HTSUS, which provides for “Padlocks and locks (key, combination or electrically operated), of base metal… Padlocks: Of cylinder or pin tumbler construction: Over 6.4 cm in width.” The column one, general rate of duty is 4.2% ad valorem.
Duty rates are provided for your convenience and subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at www.usitc.gov.
A copy of this ruling letter should be attached to the entry documents filed at the time the goods are entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the CBP officer handling the transaction.
Sincerely,
Ieva O’Rourke, Chief
Tariff Classification and Marking Branch