CLA-2 CO:R:C:M 953165 MMC
Mr. William O'Meara
C. Melchers & Co. America, Inc.
55 New Montgomery Street, Suite 888
San Francisco, CA 94105
RE: Buoy chains and bridles; modification of NY 876765;
7315.82.70
Dear Mr. O'Meara:
It has come to our attention that New York ruling letter
876765 of 8/13/92 which was issued to you, concerning
classification of buoy chains and bridles under the Harmonized
Tariff Schedule of the Untied States (HTSUS), may have been
incorrect. We have reconsidered the classification of such
chains and bridles.
FACTS:
The articles are open link welded steel buoy chains and
bridles used to aid in mooring navigation buoys in coastal and
inland waterways. Chains are always 90 feet long with individual
uniform oval links ranging from 12.7 to 48 millimeters in
diameter. Bridles are either 10, 12, 15, 18, or 28 feet long and
have uniform oval links ranging from 22 to 38 millimeters in
diameter and a circular bridle ring 6 or 8 inches in diameter.
The steel has the following chemical composition:
Element Maximum Weight Percentage
Carbon 0.36
Manganese 1.90
Silicon 0.55
Phosphorus 0.05
Sulfur 0.05
NY 876765, held buoy chains and bridles classifiable in
subheading 7315.82.70, HTSUS, which provides for [c]hain and
parts thereof, of iron or steel: [o]ther chain: [o]ther, welded
link: [o]f iron or nonalloy steel: [o]ver 10mm in diameter.
ISSUE:
Whether the chains and bridles are classifiable under
subheading 7315.82.70, HTSUS?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUS is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. GRI 1, HTSUS, 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.
Heading 7315, HTSUS, provides for chains and parts thereof, of
iron or steel.
Chapter 72 note 1 states in pertinent part:
[i]n this Chapter and, in the case of Notes (d), (e), and
(f) throughout the Nomenclature, the following expressions
have the meanings hereby assigned to them:...
(f) Other alloy steel
Steels...containing by weight one or more of the
following elements in the proportion shown:...
- 1.65% of manganese.
In a letter dated 7/22/92 to the N.Y. Area Director of
Customs, you stated that the articles contain 1.90% manganese.
This is above the 1.65% manganese necessary to be considered
alloy steel for tariff purposes. Based upon Chapter 72 note
1(f), we find that the buoy chains and bridles are classifiable
under subheading 7315.82.30, HTSUS, which provides for [c]hain,
and parts thereof, of iron or steel: [o]ther chain: [o]ther,
welded link: [o]f alloy steel: [o]ver 10 mm in diameter.
HOLDING:
The buoy chains and bridles are classifiable under
subheading 7315.82.30, HTSUS, with a column 1 duty rate of Free.
EFFECT ON OTHER RULINGS:
Pursuant to section 177.9 (d)(1), Customs Regulations [19
CFR 177.9 (d)(1)], NY 876765 is modified in part. In NY 876765,
a marking issue was also addressed. That portion of the ruling
remains in effect.
Sincerely,
John Durant, Director
Commercial Rulings Division