CLA-2-83:OT:RR:NC:N1:121
Ms. Silke Rees
Customs Compliance Supervisor
Master Lock Company
P.O. Box 927
137 W. Forest Hill Avenue
Oak Creek, WI 53154
RE: The tariff classification of a lock from China
Dear Ms. Rees:
In your letter dated April 8, 2001, you requested a tariff classification ruling. The submitted sample will be retained by this office.
The merchandise under consideration is two locks, identified as 8251DAT Track Lock Locking Tie Down Point and 8252DAT Ladder Lock Locking Tie Down Point. Each lock includes a stainless steel padlock, described as a receiver barbell lock, and a mounting assembly, described as a hasp. Each lock will be packed in retail clamshell packaging upon importation.
Model number 8251DAT Tracklock includes a receiver barbell lock, which is a padlock consisting of a key operated cylinder locking head, two keys, and a 5 inch long detachable lock pin that bolts into the locking head. It measures 5.15 cm in width and has a fitted protective cover surrounding the locking head. The Tracklock also includes a mounting assembly that comprises a stainless steel bracket, a plastic base plate, a stainless steel bolt cover bracket, two plastic protective covers, two stainless steel rectangular plates, a stainless steel long plate, two 15mm bolts and two 25 mm bolts. The plates enable the assembly to mount to the cargo bed rail of a pickup truck, a metal track in the bed of a trailer or a Trackwall. This product serves to secure cargo by inserting the lock through the loop of a cable or the ring of a tie down strap (not included).
Explanatory Note (EN) 3(b)(IX) indicates that “For the purpose of this Rule, composite goods made up of different components shall be taken to mean not only those in which the components are attached to each other to form a practically inseparable whole but also those with separable components, provided these components are adapted one to the other and are mutually complementary and that together they form a whole which would not normally be offered for sale in separate parts.” Since Item 8251DAT Tracklock is composed of two components (a padlock and a mounting assembly) that can function only when used together, it meets the definition of a composite good. The essential character is provided by the padlock.
The applicable subheading for the 8251DAT Tracklock will be 8301.10.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for padlocks and locks (key, combination or electrically operated), of base metal…padlocks, of cylinder or pin tumbler construction, over 3.8 cm but not over 6.4 cm in width. The rate of duty will be 4.8 percent ad valorem.
A sample of item 8252DAT Ladderlock is required for examination before we can issue a classification ruling on it. If you decide to resubmit your request, please include all of the material that we have returned to you along with a sample and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.
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/.
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