The tariff classification of trailer locks from China

N127815 October 22, 2010 CLA-2-83:OT:RR:NC:N1:121 CATEGORY: Classification TARIFF NO.: 8301.10.8000; 8301.10.9000 Ms. Silke Rees Master Lock Company P.O. Box 927 137 W. Forest Hill Avenue Oak Creek, WI 53154 RE: The tariff classification of trailer locks from China Dear Ms. Rees: In your letter dated October 11, 2010, you requested a tariff classification ruling. The submitted sample will be retained by this office. The merchandise under consideration is a blister pack containing two trailer locks, item number 3784DAT. Both locks are of pin tumbler construction and are operated by the same key. Two identical keys are included with the locks. Both locks are portable and detachable. They are used on trailers to secure the trailer to a motor vehicle. Both locks are classifiable as padlocks for tariff purposes. The first lock is the Trailer Coupler Lock. It is made primarily of laminated steel with a steel locking mechanism and a partial housing made of plastic. It fits most couplers and is designed to resist picking and prying. The trailer coupler lock guards against trailer tow-away theft. The second lock is the Adjustable Coupler Latch Lock. It is made of stainless steel and fits coupler latch widths up to 2-3/4 inches. You have questioned whether the two locks, which are keyed alike and put up together for retail sale in the same blister pack, meet the definition of a set under the General Rules for the Interpretation of the Harmonized System (GRI) 3(b). Per Explanatory Note (EN) to GRI 3(b)(X), the term “goods put up in sets for retail sale” shall be taken to mean goods which (a) consist of at least two different articles which are, prima facie, classifiable in different headings; (b) consist of products or articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking. We find that the subject locks do not meet requirement (a) because they are provided for in the same heading (8301). Accordingly, the locks are not classifiable as a set under GRI 3(b). Measuring the length of each lock at its longest point and the width at its widest point, we find that the Trailer Coupler Lock measures over 6.4 cm in width and that the Adjustable Coupler Latch Lock measures over 3.8 cm but not over 6.4 cm in width. The applicable subheading for the Trailer Coupler Lock will be 8301.10.9000, 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 6.4 cm in width. The rate of duty will be 4.2 percent ad valorem. The applicable subheading for the Adjustable Coupler Latch Lock 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. 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