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HQ 956832

August 10, 1994

CLA-2 CO:R:C:M 956832 DWS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8301.60.00

Mr. Edward B. Ackerman
Siegel, Mandell & Davidson, P.C.
One Astor Plaza
1515 Broadway, 43rd Floor
New York, NY 10036-8901

RE: "F-Series" Door Grip Components; Parts for Keyed Door Lock Units; GRI 2(a); Explanatory Note 3(b)(VIII); Principal Use; Additional U.S. Rule of Interpretation 1(a); 8301.40.60

Dear Mr. Ackerman:

This is in response to your letter of July 21, 1994, on behalf of Schlage Lock Company, to the Area Director of Customs, New York Seaport, concerning the classification of "F-Series" door grip components under the Harmonized Tariff Schedule of the United States (HTSUS). Your letter has been referred to this office for a response.

FACTS:

The merchandise consists of "F-Series" door grip components for keyed door lock units used in residential exterior doors. Specifically, these components are the "F-Series" grip handle, the thumb piece, and the lock cylinder trim ring. Neither the lock nor bolts are included. You have advised this office that 97 percent of the subject components are dedicated for use to keyed door lock assemblies. Less than 3 percent will be used in "dummy trim" products, where no door lock is directly used with the components.

The subheadings under consideration are as follows:

8301.40.60: [p]adlocks 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: [o]ther locks: [o]ther.

The general, column one rate of duty for goods classifiable under this provision is 5.7 percent ad valorem.

8301.60.00: [p]adlocks 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: [p]arts.

The general, column one rate of duty for goods classifiable under this provision is 5.7 percent ad valorem.

ISSUE:

Whether the "F-Series" door grip components constitute an unfinished door lock, classifiable under subheading 8301.40.60, HTSUS, or whether they are classifiable under subheading 8301.60.00, HTSUS, as parts of a door lock.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification is determined according to the terms of the headings and any relative section or chapter notes.

GRI 2(a) states that:

[a]ny reference in a heading to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as entered, the incomplete or unfinished article has the essential character of the complete or finished article. It shall also include a reference to that article complete or finished (or falling to be classified as complete or finished by virtue of this rule), entered unassembled or disassembled.

In understanding the language of the HTSUS, the Harmonized Commodity Description and Coding System Explanatory Notes may be utilized. The Explanatory Notes, although not dispositive or legally binding, provide a commentary on the scope of each heading of the HTSUS, and are generally indicative of the proper interpretation of these headings. See T.D. 89-80, 54 Fed. Reg. 35127, 35128 (August 23, 1989). Explanatory Note 3(b)(VIII) (p. 4) states that:

[t]he factor which determines essential character will vary as between different kinds of goods. It may, for example, be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods.

It is our position that the subject components do not impart the essential character of a door lock, and, therefore, cannot be classifiable as an unfinished door lock under subheading 8301.40.60, HTSUS. For the components to impart the essential character of a door lock, the lock itself must be present, as it would be the primary component in relation to the use of the door lock.

We now must determine whether the components are parts of a door lock under subheading 8301.60.00, HTSUS. Whether an article is part of another article depends on the nature of the so-called "part" and its usefulness, function and purpose in relation to the article in which it is designed to serve. Kores Manufacturing Inc. v. U.S., 3 CIT 178, 179 (1982), aff'd appeal No. 82-83 (C.A.F.C. 1983).

We find that the components are necessary to the operation of a door lock, as it provides the structure and stability for the lock. The lock could not function effectively without the presence of the grip handle, thumb piece, and lock cylinder trim ring. Therefore, the subject components are parts of a door lock.

Additional U.S. rule of interpretation 1(a), HTSUS, states that:

[i]n the absence of special language or context which otherwise requires --

(a) a tariff classification controlled by use (other than actual use) is to be determined in accordance with the use in the United States at, or immediately prior to, the date of importation, of goods of that class or kind to which the imported goods belong, and the controlling use is the principal use.

We are satisfied, based upon your statement that 97 percent of the components are dedicated for use to keyed door lock assemblies, that the subject components are principally used with the locks of heading 8301, HTSUS.

Consequently, the subject components are classifiable under subheading 8301.60.00, HTSUS, as parts of a door lock.

HOLDING:

The "F-Series" door grip components are classifiable under subheading 8301.60.00, HTSUS, as parts of a door lock.

Sincerely,

John Durant, Director

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