HQ 089970: Reconsideration of HQ 088490; EN 83.01; Nightstick Autobar, KMS-005; Electronic Nightstick, KMS-009; 8708; 8512.30.00; Section XV, Note 2(c); Section XVII, Note 2(b); EN to GRI 3(b)

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 089970

                        December 2, 1991



CLA-2 CO:R:C:M  089970 LTO

CATEGORY:  Classification

TARIFF NO.:  8301.20.00

S. Richard Shostak and David R. Stepp
Stein, Shostak, Shostak and O'Hara
Suite 807
1620 L Street, N.W.
Washington, D.C. 20036-5605

RE:  Reconsideration of HQ 088490; EN 83.01; Nightstick Autobar,
     KMS-005; Electronic Nightstick, KMS-009; 8708; 8512.30.00;
     Section XV, Note 2(c); Section XVII, Note 2(b); EN to GRI
     3(b)

Dear Mr. Shostak and Mr. Stepp:

     This is in response to your letter of July 26, 1991, on
behalf of your client, Kraco Enterprises, requesting a
reconsideration of HQ 088490, dated March 20, 1991, concerning
the classification under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA) of the Nightstick Autobar, KMS-
005, and the Electronic Nightstick, KMS-009.

FACTS:

     The articles in question are the Nightstick Autobar, model
KMS-005, and the Electronic Nightstick, model KMS-009.  The
articles are automobile anti-theft devices that are marketed as
automobile steering wheel locks.  They are imported from Korea.

     Both models of steering wheel locks are made of a carbon
steel bar which is 21.5 inches long.  One end of the bar fits
around the steering wheel of an automobile and is secured by a
key lock.  The length of the Nightstick prevents the steering
wheel from being freely turned, since the bar will either hit the
window, the floor, or the roof and prevent the wheel from being
further moved.  Model KMS-009, the Electronic Nightstick also
includes a flashlight with a krypton bulb and a motion sensor.
If the car is jarred, an electronic alarm will sound and the
light will flash.

                              - 2 -

     HQ 088490 held that the nightsticks were classifiable under
subheading 8301.20.00, HTSUSA, which provides for "[p]adlocks and
locks (key, combination or electrically operated), of base metal
. . . of a kind used on motor vehicles . . . ."  The importer
contends that the nightsticks are classifiable under Heading
8708, HTSUSA, which provides for "[p]arts and accessories of the
motor vehicles of headings 8701 to 8705 . . .," HTSUSA, or, in
the alternative, that the Electronic Nightstick is classifiable
under subheading 8512.30.00, HTSUSA, which provides for
"[e]lectrical lighting or signaling equipment . . . of a kind
used for cycles or motor vehicles . . . [s]ound signaling
equipment."

ISSUE:

     What is the proper classification for the Nightstick Autobar
and the Electronic Nightstick under the Harmonized Tariff
Schedule of the United States (HTSUSA)?

LAW AND ANALYSIS:

     The General Rules of Interpretation (GRI's) to the HTSUSA
govern the classification of goods in the tariff schedule.  GRI 1
states, in pertinent part:

     ...classification shall be determined according to the terms
     of the headings and any relative section or chapter notes...

HQ 088490 held that the Nightstick Autobar and the Electronic
Nightstick were classifiable under subheading 8301.20.00, HTSUSA,
which provides for "[p]adlocks and locks (key, combination or
electrically operated), of base metal . . . of a kind used on
motor vehicles . . . ."  In HQ 088490, it was determined that the
nightsticks were "fastening devices operated by a key," and
therefore, classifiable under Heading 8301, HTSUSA.  See
Harmonized Commodity Description and Coding System Explanatory
Note (EN) 83.01, pg. 1117.  This office finds no reason to
overrule HQ 088490.

     The importer argues that both nightsticks are classifiable
under Heading 8708, HTSUSA, which provides for "[p]arts and
accessories of the motor vehicles of headings 8701 to 8705."
However, Section XVII, Note 2(b), states that the term "parts and
accessories," as found in Heading 8708, HTSUSA, does not apply to
"[p]arts of general use, as defined in note 2 to section XV, of
base metal (section XV)."  Section XV, Note 2(c) states that the
term "parts of general use" includes "[a]rticles of heading
8301."  Thus, if the nightsticks are classifiable as "locks"
under Heading 8301, HTSUSA, then they are specifically
                              - 3 -

excluded from Section XVII and Heading 8708, HTSUSA.

     Heading 8301, HTSUSA, provides for "[p]adlocks and locks
(key, combination or electrically operated), of base metal."  EN
83.01, pg. 1117, states that this heading covers "fastening
devices operated by a key."  The Nightstick Autobar is similar in
action to a padlock.  It shackles around the steering wheel and
its elongated case or body prevents the wheel from being turned.
This lock casing is similar to those found on a bicycle padlock
which is elongated so that it can be wrapped around the bicycle
and a secure object.  Moreover, the Nightstick Autobar is
marketed as a steering wheel lock.  It is not a composite good--
it is simply a lock with an elongated body.  Thus, the Nightstick
Autobar is classifiable according to GRI 1 under subheading
8301.20.00, HTSUSA.

     Like the Nightstick Autobar, the Electronic Nightstick
shackles around the steering wheel and its body prevents the
wheel from being turned.  The Electronic Nightstick is also
marketed as a steering wheel lock.  However, unlike the
Nightstick Autobar, the Electronic Nightstick contains several
electronic devices, including an alarm, a siren, and a
flashlight.

     The importer argues that the Electronic Nightstick is a
composite good and is classifiable according to GRI 3(b) under
subheading 8512.30.00, HTSUSA, which provides for "[e]lectrical
lighting and signaling equipment . . . of a kind used for cycles
or motor vehicles . . . [s]ound signaling equipment."  GRI 3(b)
states that when goods are "prima facie, classifiable under two
or more headings, classification shall be effected as follows:"

          [C]omposite goods consisting of different
          materials or made up of different components
          . . . which cannot be classified by reference
          to 3(a), shall be classified as if they
          consisted of the material or component which
          gives them their essential character, insofar
          as this criterion is applicable.

While this office agrees that the Electronic Nightstick must be
classified according to GRI 3(b), we disagree with the importer's
contention that the "electronic devices" constitute this
article's essential character.

     The Explanatory Notes to GRI 3(b), pg. 4, state that "[t]he
factor which determines essential character will vary between
different kinds of goods.  It may, for example, be determined by

                              - 4 -

the nature of the material or component, its bulk, quantity,
weight or value, or by the role of a constituent material in
relation to the use of the goods."

     The importer places great emphasis on the value of the
electronic devices found in the Electronic Nightstick, contending
that they represent $15.02 of the nightstick's $25.56 total
cost.  In comparison, the importer states that the value of the
lock and keys is only $1.15 (and the bar, $6.90).  Thus,
according to the importer's cost breakdown, the value of the
electronic devices is a factor that supports its contention that
the devices constitute the article's essential character.

     A more significant factor in this instance, however, is the
role of each constituent material--the lock and the electronic
devices--in relation to the use of the Electronic Nightstick.
The Electronic Nightstick is used to prevent the theft of an
automobile.  Without the lock, the automobile can still be
stolen.  If the device cannot be fastened onto the wheel, the
nightstick can be easily removed, and the wheel can be turned--
regardless of the alarm or the flashing light.  However, without
the alarm and flashlight, the automobile cannot be stolen because
the wheel cannot be turned.  While the alarm and flashlight may
have some deterrent value, this value does not outweigh the
article's utility as a lock.  Thus, the essential character of
the Electronic Nightstick is demonstrated by the lock, and it,
like the Nightstick Autobar, is classifiable under subheading
8301.20.00, HTSUSA.

HOLDING:

     The Nightstick Autobar and the Electronic Nightstick are
classifiable in subheading 8301.20.00, HTSUSA.  HQ 088490 is
hereby affirmed.

                              Sincerely,




                              John Durant, Director
                              Commercial Rulings Division