CLA-2 CO:R:C:M 951517 CMS

Mr. Gordon Anderson
Meyer Customs Brokers
8100 Mitchell Rd., Ste. 200
Eden Prairie, MN 55344

RE: Brass Lock And Handle Products For Hinged Patio Doors; Keys; Hook Bolts; GRI 3(b); 8301.40.60; NY 872802, Modified; U.S. Origin; Packaging; Not Advanced In Value Or Condition

Dear Mr. Anderson:

This in response to your request dated March 2, 1992, on behalf of Anderson Corp., for a classification ruling on three door lock and handle products which contain foreign and domestic components. NY 872802 (April 3, 1992), classified the components which were of foreign origin. This Ruling will classify the U.S. components and will modify NY 872802 to revise the classification of one of the products based on information received after the isssuance of NY 872802.

FACTS:

This ruling will only affect the door lock and handle product described in NY 872802 as "Handle Set Hinged, part #2579502".

"[P]art #2579502" consists of a variety of brass components which will be assembled into a patio door handle, hook bolt and key cylinder unit. The interior and exterior door handles are connected by a lock spindle. A linkage from the lock spindle engages upper and lower hook bolts which lock the door when the interior handle is raised to an upright position. The linkage and hook bolts are not entered with the other components. The key cylinder is situated above the door handles and allows the user to engage a deadbolt with the use of a key from the door exterior, and a knob from the door interior. The hook bolt and deadbolt components share several components such as interior and exterior escutcheon plates.

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The components are packaged together. All the components are of German origin except the keys, key cylinders and key cylinder housings which are of U.S. origin and are exported to Germany and packaged with the foreign articles.

ISSUES:

1) Is the merchandise classified as locks, in Heading 8301, Harmonized Tariff Schedule of the United States (HTSUS), or as base metal mountings and fittings for doors, in Heading 8302, HTSUS?

2) Are the keys, key cylinders and key cylinder housings eligible for the duty exemption available under subheading 9801.00.10, HTSUS?

LAW AND ANALYSIS:

The HTSUS provides that the classification of articles is governed by the General Rules of Interpretation (GRI's). GRI 1 states in pertinent part that "...classification shall be determined according to the terms of the headings and any relative section or chapter notes...".

Heading 8301 in pertinent part describes locks. Heading 8302 in pertinent part describes base metal mountings, fittings and similar articles for doors.

The Harmonized Commodity Description and Coding System Explanatory Notes to Heading 8301, p. 1117, provide that the Heading covers key operated fastening devices, combination locks and electrically operated locks. The Explanatory Notes, p. 1118, provide that Heading 8301 does not include "...simple latches or bolts, etc. (heading 83.02), nor fasteners and clasps (not key or combination operated)..." (emphasis in original).

The Explanatory Notes to Heading 8302, p. 1119, provide that the Heading includes "...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" (emphasis in original).

The merchandise essentially consists of an unassembled unit containing a Heading 8301 key operated door lock, and Heading 8302 door handles including their lock spindle which actuates Heading 8302 non-key operated hook bolts.

The merchandise is prima facie classifiable in two or more headings (i.e., Headings 8301 and 8302), and is classified pursuant to GRI 3. The merchandise is an unassembled GRI 3(b) -3-

composite good and is classified according to the component which gives the good its essential character.

In addition to providing a grasping device for opening and closing a patio door, the Heading 8302 door handles provide a means for actuating Heading 8302 non-key operated hook bolts which lock the door. The door can be opened, closed and locked without the Heading 8301 key operated deadbolt lock. The Heading 8301 key operated deadbolt lock enhances the Heading 8302 components by providing an additional means for locking the door. The Heading 8302 handle component performs a locking function and a handle function, and is the component which gives the product its essential character. The merchandise is described as "Base metal mountings, fittings and similar articles suitable for...doors", and is classified in subheading 8302.41.90, HTSUS.

In connection with the keys, key cylinders and key cylinder housings of U.S. origin, we held in HQ 555364 (April 13, 1990), that certain tent poles of U.S. origin exported to Korea for packaging with foreign components and imported into the U.S., were eligible for the duty exemption available under subheading 9801.00.10, HTSUS, provided the documentary requirements of 19 CFR 10.1 were satisfied. We held that the packaging operation did not result in the tent poles being advanced in value or improved in condition while abroad for the purposes of subheading 9801.00.10, HTSUS. The packaging of the keys, key cylinders and key cylinder housings under consideration is analogous to the packaging at issue in HQ 555364, and these components are eligible for the duty exemption available under subheading 9801.00.10, HTSUS, provided the documentary requirements of 19 CFR 10.1 are satisfied.

HOLDING:

NY 872802 (April 3, 1992) is modified pursuant to section 177.9, Customs Regulations (19 CFR 177.9), to provide that the "Handle Set Hinged, part #2579502", is classified in subheading 8302.41.90, HTSUS.

The keys, key cylinders and cylinder housings of U.S. origin are eligible for the duty exemption available under subheading 9801.00.10, HTSUS, provided the documentary requirements of 19 CFR 10.1 are satisfied.

Sincerely,

John Durant, Director
Commercial Rulings Division