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NY L85570

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June 14, 2005

CLA-2-83:RR:NC:N1:121 L85570

CATEGORY: CLASSIFICATION

TARIFF NO.: 8301.40.6060; 8301.60.0000; 3926.90.2500; 3926.90.9880

Ms. Sandra Pattison
Ege Trans USA, Inc.
729 N. Route 83, Suite 304
Bensenville, IL 60106

RE: The tariff classification of lock parts from Germany

Dear Ms. Pattison:

In your letter dated June 7, 2005, you requested a tariff classification ruling on behalf of D. LaPorte.

The samples you submitted are a steel latch (part number 61.5200.0079), a steel striker (part number 05.0034.4022), a plastic lock handle (part number 53.4561.0018), and a plastic spacer (part number 26.4561.0600). Each item is intended to be assembled on the door of a skid steer loader. The handle, spacer and latch are attached to the door. The striker bolt is attached to the doorframe. The spacer under the handle provides room for an operator ‘s gloved hand. When the handle is locked with a key, the push button on the handle does not move. When the handle is unlocked, the button pushes the lever on the latch. This releases the latch rotors from the striker bolt, allowing the door to open. When the door is shut, the latch rotors close around the striker bolt, holding the door in the closed position.

As you’ve indicated, these parts may or may not be imported in like quantities, depending on production output of the factory. They will be stocked in the U.S. and shipped to the ultimate purchaser when needed.

Your letter indicates you were advised that the applicable subheading for these items is 8431.49.9040, HTS, as parts suitable for use solely or principally with the machinery of headings 8425 to 8430. Note 1(g) to section XVI, however, excludes parts of general use of base metal or similar goods of plastics from classification within section XV. Note 2 to section XV defines the expression, “parts of general use.” Note 2(c) lists articles of heading 8301, 8302, 8308 or 8310 and frames and mirrors, of base metal, of heading 8306. Base metal locks and parts of locks are provided for in heading 8301,HTS. Accordingly, they are included in the definition of “parts of general use,” and along with plastic locks and lock parts, are precluded from classification in chapter 84.

The applicable subheading for the base metal latch will be 8301.40.6060, Harmonized Tariff Schedule of the United States (HTS), which provides for padlocks and locks (key, combination or electrically operated), of base metalother locks, other, other. The rate of duty will be 5.7 percent ad valorem.

The applicable subheading for the base metal striker will be 8301.60.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for padlocks and locks (key, combination or electrically operated), of base metalparts. The rate of duty will be 2.8 percent ad valorem.

The applicable subheading for the plastic lock handle will be 3926.90.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics and articles of other materials of headings 3901 to 3914, other, handles and knobs, not elsewhere specified or included, of plastics. The rate of duty will be 6.5 percent ad valorem.

The applicable subheading for the plastic lock spacer will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics and articles of other materials of headings 3901 to 3914, other, other, other. The rate of duty will be 5.3 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 Barbara Kaiser at 646-733-3024.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 3926.90.25 - Handles and knobs, not used as fittings for furniture, coachwork or the like, of plastics
• Tariff No.: 3926.90.98 - Other articles of plastic, nesoi
• Tariff No.: 8301.40.60 - Base metal locks (o/than padlocks, locks for motor vehicles or furniture, luggage locks)
• Tariff No.: 8301.60.00 - Base metal parts of padlocks, other locks, and clasps and frames with clasps incorporating locks
• Tariff No.: 8431.49.90 - Parts suitable for use solely or principally with the machinery of heading 8429 or 8430, nesi