CLA-2-82:RR:NC:1:104 H80305
Mr. Jeff Chow
East-West Associates, Inc.
14821 Northam St.
La Mirada, CA 90638
RE: The tariff classification of a door lock installation kit from China.
Dear Mr. Chow:
In your letter dated April 27, 2001 on behalf of SD Products, Inc. of City of Industry, California you requested a tariff classification ruling.
You have provided a sample of the Kwikset Professional Door Lock Installation Kit for wood, fiberglass and metal doors (wood edge boring only). The kit comes in a molded plastic carrying case. The cardboard retail packaging has a cutout in the top for the handle of the case. The kit includes the following items described on the outer packaging:
- jig with in-line arm for wood doors and in-line arm for metal doors
2 1/8” multi-spur bit for wood doors
1 ½” multi-spur bit
1” heavy duty spade bit
2 1/8” metal hole saw for metal or fiberglass doors
depth stop guide
1 ½” adaptor ring
quick bit adaptor
strike mortise tools (3), each with extra blade
strike locator
c-clamp
Aluminum template measuring guide
The sample will be returned.
In response to our question regarding the composition of the cutting part of the hole saw, spade bit and spur bits the importer has indicated that hole saw is bi-metal and the spade and spur bits are carbon steel. The hole saw is for cutting metal and the spade and spur bits are for cutting wood.
General Rule of Interpretation (GRI) 1, HTSUSA, states in part that for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes. Goods that are, prima facie, classifiable under two or more headings, are classifiable in accordance with GRI 3, HTSUSA. GRI 3(a) states in part that when two or more headings each refer to part only of the items in a set put up for retail sale, those headings are to be regarded as equally specific, even if one heading gives a more precise description of the goods.
The instant tool kit consists of at least two different articles that are, prima facie, classifiable in different headings. It consists of articles put up together to carry out a specific activity (i.e., lock installation). Finally, the articles are put up in a manner suitable for sale directly to users without repacking. Therefore, the kit in question is within the term "goods put up in sets for retail sale." GRI 3(b) states in part that goods put up in sets for retail sale, which cannot be classified by reference to 3(a), are to be classified as if they consisted of the component which gives them their essential character.
When a classification question cannot finally be answered by the application of GRI 3(a) and GRI 3(b), then, by virtue of GRI 3(c), the goods are classified under the heading which occurs last in numerical order among those which equally merit consideration.
The applicable subheading for the Kwikset Professional Door Lock Installation Kit will be 8207.50.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for interchangeable tools for handtools, whether or not power operated …: tools for drilling, other than rock drilling: other: not suitable for cutting metal: for handtools. The rate of duty will be 5.2 percent.
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 Robert Losche at 212-637-7038.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division