CLA-2-83:OT:RR:E:NC:N1:121
Mr. Darren Lenox
ACCO Brands
300 Tower Parkway
Lincolnshire, IL 60069
RE: The tariff classification of USB port locks from Taiwan
Dear Mr. Lenox:
In your letter dated March 23, 2009, you requested a tariff classification ruling.
The merchandise under consideration is described as USB Port Locks. They are made predominantly of base metal and function to physically prevent unauthorized access to a computer’s USB ports. In order to operate the lock, one end is inserted into a computer’s USB port while the button on the other end of the lock is depressed; this causes the lock to latch into the port thereby preventing access to that port. A specially designed key serves to unlock the lock and remove it from the USB port.
Article number K67718US is described as a “USB Port Lock with Blockers.” It includes one USB port lock, one key, three spacers, one square USB port block and one rectangular USB port block. The spacers come in three different sizes and are used to fit the lock snugly to the USB port. The port block is used in conjunction with the lock to cover and block access to an adjacent port.
Article number K67719US is described as a “USB Port Lock with Cable Guard-Rectangular.” It includes one USB port lock, one key, three spacers and one rectangular USB cable guard. Article number K67720US is described as a “USB Port Lock with Cable Guard-Square.” It includes one USB port lock, one key, three spacers and one square USB cable guard. The cable guard is used to connect a computer peripheral, such as a mouse or keyboard. Used in conjunction with the port lock, it locks the peripheral’s USB device into the computer’s USB port, thereby allowing secured use of an authorized USB device and physically preventing access to the computer through that port.
Your letter indicates you believe that the applicable subheading for this merchandise is 8473.30.5100, HTSUS, as parts suitable for use solely or principally with the machinery of headings 8469 to 8472. You assert that the “unblocking tool” is not a “key” because it merely allows the device to be inserted into and removed from the USB port. This office disagrees, although not traditional in appearance, the unblocking tool is a key because it serves to unlock the port lock, thereby enabling the lock to be removed from the USB port. Without insertion of the key, the port lock cannot be removed from the USB port. In addition, although configured uniquely, the port lock includes components common to many locking mechanisms, such as a cam, pins and springs. You also assert that the essential character of the port locks is more akin to computer accessories than to traditional locks because the port lock does not physically fasten anything. However, CBP has historically classified other nontraditional locking mechanisms as locks in heading 8301, HTSUS. We refer you to NY 851456, dated April 1,1990, NY C88783, dated June 18,1998, NY B86871, dated July 1, 1997 and HQ 960786, dated May 14, 1998.
Note 1(g) to section XVI excludes parts of general use of base metal or similar goods of plastics from classification within section XVI. 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, HTSUS. 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 USB port locks will be 8301.40.6060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for padlocks and locks (key, combination or electrically operated, of base metal…other locks, other, other. The rate of duty will be 5.7 percent ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
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
National Commodity Specialist Division