PC 856339 modified; keyless locks; 8301.40.60; EN 83.01; key operated locks; EN 83.02; latches

HQ 954376 August 18, 1993 CLA-2 CO:R:C:M 954376 KCC CATEGORY: Classification TARIFF NO.: 8302.41.60 Mr. Patrick W. Doherty Schlage Lock Company P.O. Box 193324 San Francisco, California 94119 RE: PC 856339 modified; keyless locks; 8301.40.60; EN 83.01; key operated locks; EN 83.02; latches Dear Mr. Doherty: This is in response to your letter dated December 16, 1992, to Customs in San Ysidro, California, requesting reconsideration of Pre-Classification (PC) 856339 dated September 27, 1990, which concerned the tariff classification of locks under the Harmonized Tariff Schedule of the United States (HTSUS). Your letter was forwarded to this office for a response. FACTS: The articles under consideration are Schlage's F10 and F40 locks. Both are keyless and designed for privacy, not for security. The F10 lock does not have a locking mechanism. In PC 856339 these locks were classified under subheading 8301.40.60, HTSUS, which provides for "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...Other locks...Other...." You contend that the F10 and F40 locks are properly classified under subheading 8302.41.60, HTSUS, which provides for "Base metal mountings, fittings and similar articles suitable for furniture, doors, staircases, windows, blinds...Other mountings, fittings and similar articles, and parts thereof...Suitable for buildings... Other...Of iron or steel, of aluminum or of zinc...." ISSUE: Are the F10 and F40 locks classified as locks under subheading 8301.40.60, HTSUS, or as base metal mountings and fittings for doors under subheading 8302.41.60, HTSUS? LAW AND ANALYSIS: The classification of merchandise under the HTSUS is governed by the General Rules of Interpretation (GRI's). GRI 1, HTSUS, states, in part, "that for legal purposes, classification shall be determined according to the terms of the headings of the tariff and any relative section or chapter notes...." The Harmonized Commodity Description and Coding System (HCDCS) Explanatory Notes (ENs), although not dispositive, are to be looked to for the proper interpretation of the HTSUS. 54 Fed. Reg. 35127, 35128 (Aug. 23, 1989). EN 83.01 (pgs. 1117-1118), states that heading 8301, HTSUS, "...covers fastening devices operated by a key (e.g., locks of the cylinder, lever, tumbler or Bramah types) or controlled by a combination of letters or figures (combination locks)." Additionally, EN 83.01 states that "[t]his heading does not, however, include simple latches or bolts, etc. (heading 83.02), nor fasteners and clasps (not key or combination operated) for handbags, brief-cases, executive-cases, etc. (heading 83.08)." EN 83.02 (pg. 1119), states that in heading 8302, HTSUS, mountings, fittings and similar articles suitable for buildings include "...bolts, fasteners, latches, etc. (other than key-operated bolts of heading 83.01) for doors...handles and knobs for doors, including those for locks or latches." The F10 and F40 locks are commonly known as latches or latchsets which are designed to keep a door latched or closed, not locked. See, Self Study Builder's Hardware Course for Locksmiths, Part 8, Non-Keyed Latchsets. As the F10 and F40 locks are not key operated, they are excluded from classification under subheading 8301.40.60, HTSUS. Therefore, the F10 and F40 latchset locks are classified under subheading 8302.41.60, HTSUS. HOLDING: The F10 and F40 locks are classified under subheading 8302.41.60, HTSUS, which provides for base metal mountings and fittings for doors. PC 856339 is modified as set forth in this ruling. Sincerely, John Durant, Director Commercial Rulings Division