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 tariff classification of a padlock from China and Mexico
Dear Ms. Rees:
In your letter dated June 28, 2013, you requested a tariff classification ruling. A picture and diagram of the lock were submitted with your request.
The merchandise under consideration is a padlock made of base metal, article number 6835. It is key operated, of cylinder, pin tumbler construction and comprises an aluminum body.
Currently, the lock body measures 1.57 inches (3.988 cm) in width; however, you are proposing to reduce the width of the lock body to 1.5 inches (3.81 cm) in width.
You question whether the padlock, measuring 3.81 cm in width, is properly classified in subheading 8301.10.60, Harmonized Tariff Schedule of the United States (HTSUS), which provides for padlocks of cylinder or pin tumbler construction, not over 3.8 cm in width; or whether it should be classified in subheading 8301.10.80, HTSUS, which provides for padlocks of cylinder or pin tumbler construction, over 3.8 cm but not over 6.4 cm in width.
In response to your question, we refer to HQ 083620, dated March 28, 1989, in which Customs addressed the measurement standards of steel link chain under the HTSUSA. Customs explained that “The measurement of the diameter of the steel should be determined by an absolute reading off of a metric micrometer. The determination of whether the diameter is over 10 mm or not is an exact measurement, the law in this case, does not provide for rounding off of the measurement.” Based on this analysis, the subject padlock measuring 3.81 cm in width will be classified in the subheading that provides for padlocks over 3.8 cm in width.
The applicable subheading for the padlock (article number 6835) measuring 3.81 cm in width will be 8301.10.8000, 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.
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,
Thomas J. Russo
Director
National Commodity Specialist Division