CLA-2:CO:R:C:M 956395 JAS
Ms. Jo Christi Jones
V. Alexander & Co., Inc.
P.O. Box 291929
Nashville, TN 37229-1929
RE: Link Kiln Chain, Cast Link Chain; Iron or Steel Chain; Chain
With Links of Essentially Round Cross Sections, Subheading
7315.89.30; Other Chain; HQ 077025
Dear Ms. Jones:
In a letter dated May 9, 1994, on behalf of American
Magotteaux Corp., you inquire as to the tariff classification of
D-link steel kiln chain from Belgium. A sample link of this
chain and a cut link with exposed cross section accompanied your
request.
Noting your statement that this chain is presently being
imported at the port of Nashville, import specialists in New
Orleans have confirmed that in January of 1994 two entries of
this chain under subheading 7315.89.50, Harmonized Tariff
Schedule of the United States (HTSUS), were liquidated as
entered. No unliquidated entries of this chain have been
identified. We therefore regard your May 9 letter as a ruling
request on prospective importations.
FACTS:
The steel chain in issue is cast and alloyed to withstand
the high operating temperatures of a kiln. It is believed to be
used to position mechanical parts of the kiln or to move articles
or materials into and out of the kiln. The sample link is in the
shape of a circle measuring 4 1/4 inches in outside diameter but
with an inside portion that is flat, giving the link a D-shaped
cross section.
You state that the local import specialist at New Orleans
has determined that the chain is classified in a provision for
chain whose links are not essentially round in cross section. - 2 -
You maintain that the chain is provided for duty-free as other
chain with links of essentially round cross sections.
The provisions under consideration are as follows:
7315 Chain and parts thereof, of iron or steel:
Other chain:
7315.89.30 With links of essentially round cross
sections over 8 mm in diameter...Free
7315.89.50 Other...5.7 percent
ISSUE:
Whether D-shaped cross sections are essentially round for
tariff purposes.
LAW AND ANALYSIS:
Merchandise is classifiable under the HTSUS in accordance
with the General Rules of Interpretation (GRIs). GRI 1 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, and provided the headings or notes do not
require otherwise, according to GRIs 2 through 6.
In HQ 077025, dated June 19, 1986, Customs held that steel
chain the links of which are of stock with at least one side flat
or straight cannot be considered essentially round for purposes
of item 652.30, TSUS. While the successor HTSUS provision
requires that it is the links that must be essentially round in
cross section and not the stock from which the links are made, HQ
077025 is nevertheless instructive as to the meaning of the
expression "essentially round" for tariff purposes, particularly
where that term is not defined in the text of the HTSUS or in the
Explanatory Notes to the Harmonized Commodity Description and
Coding System. - 3 -
HOLDING:
The links of steel chain that are D-shaped in cross section
are not considered essentially round for tariff purposes. Under
the authority of GRI 1, steel chain made from links with D-
shaped cross sections is provided for in heading 7315. It is
classifiable in subheading 7315.89.50, HTSUS, as other chain.
Sincerely,
John Durant, Director
Commercial Rulings Division