The tariff classification of a cable lock from China

N113938 July 16, 2010 CLA-2-83:OT:RR:NC:N1:121 CATEGORY: Classification TARIFF NO.: 8301.10.5000 Ms. Silke Rees Master Lock Company P.O. Box 927 137 W. Forest Hill Avenue Oak Creek, WI 53154 RE: The tariff classification of a cable lock from China Dear Ms. Rees: In your letter dated July 2, 2010, you requested a tariff classification ruling. The sample you provided will be retained by this office. The merchandise under consideration is described in your letter as a combination bicycle lock, model 8120D. It features a vinyl-coated, braided, steel cable that measures six feet in length by 3/8 inch in diameter, and a combination locking mechanism capable of being reset to a variety of four number combinations. In addition, it comes with a plastic mounting bracket for easy transport. The retail package indicates that this lock can be used with bicycles, skateboards and sports equipment. You have indicated in your letter that you believe the lock should be classified in subheading 8301.10.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for padlocks, not of cylinder or pin tumbler construction, not over 3.8 cm in width. This office, however, disagrees with this classification. The width of the lock, which is the dimension perpendicular to the length, is measured at the greatest point when in the locked position. The portion you describe as the “shoulders” of the shackle are more than mere protective bumpers; one “shoulder” includes a 1-1/2 inch shaft that is essential to the operation of the locking mechanism. Consequently, this portion of the lock is included when measuring its width. The applicable subheading for the cable padlock will be 8301.10.5000, HTSUS, which provides for padlocks and locks (key, combination or electrically operated), of base metal…padlocks, not of cylinder or pin tumbler construction, over 6.4 cm in width. The rate of duty will be 3.6 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