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NY B85123




May 8, 1997

CLA-2-83:RR:NC:MM:113 B85123

CATEGORY: CLASSIFICATION

TARIFF NO.: 8301.10.4000; 8301.10.6000; 8301.10.8000; 8301.10.9000

Mr. W. J. Gonzalez
Trans-Union Customs Service, Inc.
11941 S. Prairie Avenue
Hawthorne, CA 90250

RE: The tariff classification of padlocks from China

Dear Mr. Gonzalez:

In your letter dated April 23, 1997, on behalf of Kwikset Corporation, you requested a tariff classification ruling.

The merchandise consists of a variety of padlocks of brass and/or stainless steel. The classification of padlocks depends on their construction and width. The width, for Customs purposes, is the dimension perpendicular to the length, measured at its greatest point.

The Kam Wah Padlock is a combination lock, 4.8 cm in width, with a stainless steel case. It is not of cylinder or pin tumbler construction.

The applicable subheading for the combination lock will be 8301.10.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for of base metal, not of cylinder or pin tumbler construction, over 3.8 cm but not over 6.4 cm in width. The rate of duty will be 3.8 percent ad valorem.

The PMD models are made of brass with a plastic cover secured to the case of the lock. They are all of cylinder or pin tumbler construction. The following are not over 3.8 cm in width: Model PMD/20 [2.18 cm]; Model PMD/30 [3.12 cm].

The following are over 3.8 cm but not over 6.4 cm in width: Model PMD/40 [4.03 cm]; Model PMD/50 [5.11 cm]; Model PMD/60 [6.11 cm].

The LM models are made of stainless steel laminations and have a plastic bumper around the bottom of their cases. They are all of cylinder or pin tumbler construction. The Model LM/30 is less than 3.8 cm in width.

The following models are over 3.8 cm but not over 6.4 cm in width: Model LM/40; Model LM/44; Model LM/44 with weatherproof cover; Model LM/50.

The ST models are made of stainless steel. They are all of cylinder or pin tumbler construction. The padlocks are Model ST/30 [3.15 cm] and Model ST/40 [4.0 cm].

The applicable subheading for the PMD/20, PMD/30, LM/30 and ST/30 will be 8301.10.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for padlocks and locks (key, combination or electrically operated), of base metal, padlocks, of cylinder or pin tumbler construction, not over 3.8 cm in width. The rate of duty will be 6.1 percent ad valorem.

The applicable subheading for the Model PMD/40, Model PMD/50, Model PMD/60, Model LM/40, Model LM/44, Model LM/44 with weatherproof cover, Model LM/50, and ST/40 will be 8301.10.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for padlocks and locks (key, combination or electrically operated) of base metal, 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.

The metal-shielded padlock, 7 cm in width, with stainless steel case, is circular in form. It is of cylinder or pin tumbler construction.

The applicable subheading for the metal-shielded padlock will be 8301.10.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for padlocks and locks (key, combination or electrically operated) of base metal, of cylinder or pin tumbler construction, over 6.4 cm in width. The rate of duty will be 4.2 percent ad valorem.

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 James Smyth at 212-466-2084.

Sincerely,

Robert B. Swierupski
Chief, Metals & Machinery Branch

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