CLA-2-83:OT:RR:NC:N1:121
Ms. Silke Rees
Master Lock Company
P.O. Box 927
137 W. Forest Hill Avenue
Oak Creek, WI 53154
RE: The classification and country of origin of a padlock without a cylinder locking mechanism from Mexico
Dear Ms. Rees:
In your letter dated November 17, 2010, you requested a tariff classification ruling. The submitted sample will be retained by this office.
The merchandise under consideration is identified as Master Lock item number A1105REDWO. It is a padlock body and shackle assembly that will be imported without a cylinder locking mechanism. The body is made of aluminum alloy and the shackle is made of alloy steel. Your letter indicates that this product does not qualify for NAFTA treatment.
The applicable subheading for the base metal body/shackle assembly for a padlock will be 8301.60.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for parts of padlocks and locks (key, combination or electrically operated), of base metal. The rate of duty will be 2.8 percent ad valorem.
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 World Wide Web at http://www.usitc.gov/tata/hts/.
You have requested a country of origin determination for this product. You indicate that the article is comprised of ten different components from various countries; the principal components consisting of a U.S. lock body and a shackle from China. All components are assembled together in Mexico. This office has determined that both the shackle and the body are of equal importance and that neither component imparts the essential character to the good.
The rules for determining when, for marking purposes, the country of origin of an imported good is one of the parties to “NAFTA” are set forth in Part 102, Customs Regulations.
Part 102 of the regulations sets forth the “NAFTA Marking Rules” for purposes of determining whether a good is a good of a NAFTA country for marking purposes. Section 102.11 of the regulations, sets forth the required hierarchy for determining country of origin for marking purposes.
Applying the NAFTA Marking Rules set forth in Part 102 of the regulations to the facts of this case, we find that the imported body/shackle assembly for a padlock, item number A1105REDWO, is a good of Mexico for marking purposes.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Barbara Kaiser at (646) 733-3024.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division