HQ 953076: Mousetrap in plastic housing; heading 7326; heading 8479; EN 73.23; EN 73.26; Add. U.S. Rule of Interpretation 1(a); GRI 3(a); GRI 3(b); NY 841011 and 876189 revoked Dear Mr. Marshak:

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 953076

                        October 18, 1993
                                                               


CLA-2 CO:R:C:M  953076 LTO

CATEGORY:  Classification

TARIFF NO.:  7323.93.00

Mr. Ned H. Marshak
Sharretts, Paley, Carter and Blauvelt, P.C.
67 Broad Street
New York, New York 10004

RE:  Mousetrap in plastic housing; heading 7326; heading 8479;   
     EN 73.23; EN 73.26; Add. U.S. Rule of Interpretation 1(a);   
     GRI 3(a); GRI 3(b); NY 841011 and 876189 revoked
     
Dear Mr. Marshak:

     This is in response to your letter of December 9, 1992,
requesting the classification of a mousetrap in a plastic housing
under the Harmonized Tariff Schedule of the United States
(HTSUS).

FACTS:

     The mousetrap, referred to as the "d-con Ultra Set Covered
Snap Trap," is composed of a spring wire activated mechanism
which snaps closed when pressure is applied.  The operating
mechanism, except for the bait table and a wire covering (which
are made of plastic), is made of stainless steel.  The entire
mechanism, except for a small appendage used to activate the
trap, is enclosed in a plastic housing.  The housing has a hinged
end which permits the placement of bait on the bait table and the
removal of a mouse caught in the trap.  The hinged portion of the
housing has an opening which, when closed, permits the mouse to
enter the trap to seek out the food therein.

ISSUE:

     Whether the mousetrap is classifiable under heading 7326,
HTSUS, which provides for other articles of iron or steel.

LAW AND ANALYSIS:

     The General Rules of Interpretation (GRI's) to the HTSUS  - 2 -

govern the classification of goods in the tariff schedule.  GRI 1
states in pertinent part that "for legal purposes, classification
shall be determined according to the terms of the headings and
any relative section or chapter notes . . . ."

     The headings at issue are as follows:

     7323      Table, kitchen or other household articles 
               and parts thereof, of iron or steel . . . 

*    *    *    *    *    *    *    *    *    *    *    *    *    

     7326      Other articles of iron or steel

*    *    *    *    *    *    *    *    *    *    *    *    *    

     8479      Machines and mechanical appliances having
               individual functions, not specified or 
               included elsewhere in this chapter . . .

     The Harmonized Commodity Description and Coding System
Explanatory Notes (EN) constitute the Customs Co-operation
Council's official interpretation of the Harmonized System. 
While not legally binding, the ENs provide a commentary on the
scope of each heading of the Harmonized System, and are generally
indicative of the proper interpretation of these headings.

     EN 73.23, pg. 1035, states that heading 7323, HTSUS,
"comprises a wide range of iron or steel articles, not more
specifically covered by other headings of the Nomenclature, used
for table, kitchen or other household purposes; it includes the
same goods for use in hotels, restaurants, boarding-houses,
hospitals, canteens, barracks, etc. [emphasis in original]." 
While it can be argued that these traps can be used in places
other than those listed above, it is our opinion that the
principal use for the traps is in the household (or in hotels,
restaurants, boarding-houses, etc.).  See Additional U.S. Rule of
Interpretation 1(a).

     The mousetrap in question consists of both plastic and
stainless steel components.  GRI 3(b) provides that "composite
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 . . . ."

     The primary functional component of the mousetrap in
question is the spring wire device, which, when tripped, releases
the spring and brings the metal gauntlet down on the mouse.  With
the exception of the plastic bait table, which holds the trip 
                              - 3 -

mechanism in place until the weight of the mouse attempting to
remove the bait activates the metal mechanism, and plastic wire
covering, all of the mousetrap's active components are composed
of metal.  The plastic housing which encloses the entire trap,
except for the wire appendage used to activate the trap, does not
assist in the killing of mice.  The housing merely enhances the
aesthetic qualities of the trap.  If the plastic housing were
removed, the trap would still be able to perform its primary
function.  Accordingly, it is our opinion that the stainless
steel components impart the mousetrap's essential character.  As
such, the mousetraps are classifiable under heading 7323, HTSUS. 

     While EN 73.26, pg. 1038, states that heading 7326, HTSUS,
covers articles of wire, such as mousetraps, the mousetraps in
question remain in heading 7323, HTSUS, due to the basic command
of GRI 3(a).  GRI 3(a) provides that "[t]he heading which
provides the most specific description shall be preferred to
headings providing a more general description."  Heading 7323,
HTSUS, is more specific than heading 7326, HTSUS, the basket
provision for articles of iron or steel, as well as, heading
8479, HTSUS, the basket provision for machines and mechanical
appliances.

HOLDING:

     The mousetrap is classifiable under subheading 7323.93.00,
HTSUS, which provides for other household articles of iron or
steel, of stainless steel.  The corresponding rate of duty for
articles of this subheading is 3.4% ad valorem. 

EFFECT ON OTHER RULINGS:

     In NY 841011, dated June 9, 1989, a plastic mousetrap with a
metal spring was held to be classifiable under subheading
3924.90.50, HTSUS, which provides for other household articles of
plastics.  In NY 876189, dated July 21, 1992, a mousetrap
consisting of wood and steel components was held to be
classifiable under subheading 7326.20.00, HTSUS, which provides
for other articles of iron or steel.  Both rulings will be
revoked.

                              Sincerely,




                              John Durant, Director