CLA-2 CO:R:C:G:  083801 BPM
Mr. Robert J. Woody
          Lane & Mittendorf
          919 18th Street, N.W.
          Washington, D.C. 20006
          RE:   Unassembled steel and wood storage units.
          Dear Mr. Woody:
                By letter dated February 14, 1989, you requested a ruling
          on the appropriate tariff classification of unassembled steel and
          wood storage units under the Harmonized Tariff Schedule of the
          United States Annotated (HTSUSA).  Your request has been
          forwarded to this office for a reply.
          FACTS:
                The goods to be classified herein are storage units of 22
          gauge steel with wooden flooring.  The units are entered
          unassembled, are available in two sizes, and, once assembled, are
          intended to be fastened together to form a single structure
          containing separate storage units.  The two locker sizes are 4' x
          4' x 4' and 4' x 4' x 8'.
          ISSUE:
                Are unassembled storage units of steel and wood
          classifiable under heading 9406, HTSUSA, as prefabricated
          buildings, or under subheading 8609, HTSUSA, as containers
          specially designed and equipped for carriage by one or more modes
          of transport?
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          LAW AND ANALYSIS:
                The importer of the goods, U.S. Safe-Guard Corporation
          (Safe-Guard), argues that the lockers should be classified under
          8609.00.00, HTSUSA, which covers "containers specially designed
          and equipped for carriage by one or more modes of transport."
          Safe-Guard points out that "[t]he containers are fitted with
          skids so that they can be readily picked up by a forklift, loaded
          onto a flatbed trailer, then moved to another location where
          needed."  The Explanatory Notes to heading 8609 indicate that the
          heading covers only packing receptacles specially designed and
          equipped for carriage by one or more modes of transport--those
          containers that are equipped with fittings to facilitate handling
          and securing on the transporting vehicle, that are suitable for
          door-to-door transport of goods without intermediate repacking
          and that are intended to be used repeatedly for the transport of
          goods.  The lockers are not designed to be used repeatedly for
          the transport of goods.  They merely have a feature that
          accomodates their own transportation and relocation if needed.
          They are not the type of container described by 8609, HTSUSA.
                Safe-Guard also argues that the lockers are not described
          by subheading 9406.00.80 because they are not "structures."
          Heading 9406 covers "prefabricated buildings."  The term
          "prefabricated buildings" is defined by Chapter Note 4 to mean
          "buildings which are finished in the factory or put up as
          elements, entered together, to be assembled on site, such as
          housing or worksite accomodation, offices, schools, shops, sheds,
          garages or similar buildings."  The lockers are prefabricated
          sheds used as storehouses, and are therefore "prefabricated
          buildings" as that term is used in the HTSUSA.  Additionally, the
          larger lockers are displayed in the sales literature accompanying
          the request as suitable for use as garages for motorcycles.
          Garages also fall within the definition of "prefabricated
          buildings" found in Note 4.
                Heading 9406 contains two legal subheadings--one for
          prefabricated buildings "of wood," and one for "other"
          prefabricated buildings.  The lockers are potentially
          classifiable under either of the two subheadings within Heading
          9406 since they are composed of metal and wood.  Rule 2(b),
          General Rules of Interpretation, made applicable to the
          subheadings by Rule 6, states that the classification of goods
          consisting of more than one material or substance shall be
          determined according to the principles of Rule 3.  Rule 3(a)
          provides that when two or more headings each refer to part only
          of the materials of the goods, the subheadings are to be regarded
          as equally specific.  Subheading 9406.00.40, by referring to
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          wood, clearly refers to part only of the lockers.  Subheading
          9406.00.80, contains the word "other," which refers to the metal
          and other non-wooden parts of the lockers, and therefore refers
          to part only of the lockers as well.
                Since the two subheadings of heading 9406 each refer to
          part only of the materials composing the lockers, the principles
          of Rule 3(b) apply.  Rule 3(b) requires classification of the
          lockers as if they consisted of the material giving them their
          essential character.  Because the metal components comprise a
          majority of the bulk, weight and value of the lockers, and
          because the essential elements of the buildings (walls, roof and
          doors) are metal, metal is the material giving the lockers their
          essential character.  The lockers are therefore classified as if
          they were composed of metal.
          HOLDING:
                The Safe-Guard prefabricated storage units are properly
          classified as other prefabricated buildings of metal under
          subheading 9406.00.8030, HTSUSA, dutiable at 5.7 percent ad
          valorem.
                Any Export Steel Certificate required by the United States
          Department of Commerce (to be obtained from the Mexican
          Department of Commerce pursuant to the Understanding Concerning
          Trade in Certain Steel Products between the Government of the
          United Mexican States and the Government of the United States of
          America) must be presented at the time of entry.  You may want to
          obtain a decision on this requirement from the Office of
          Agreements Compliance of the International Trade Commission,
          Department of Commerce.
                                        Sincerely,
John Durant, Director
                                        Commercial Rulings Division