CLA 2:CO:R:C:G 083620 SR
Mr. Chris J. Roberts, Sr.
Standard Chain Corporation
3900 N.W. Yeon
P.O. Box 10826
Portland, Oregon 97210
RE: Measurement of steel link chain
Dear Mr. Roberts:
This is in reference to your letter of December 28, 1988, regarding measurement standards of steel link chain under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Samples were submitted.
FACTS:
The merchandise at issue consists of steel link chains. According to the inquirer's catalog, all the chains under review have a "trade size" of .375 inch or 9.525 mm. The
National Association of Chain Manufacturers (NACM) specifications show a 10.0 mm "nominal chain size" for all of these chains. This would imply that under both of these
measurements the chains are under 10.0 mm. The inquirer states that the actual size of these chains is over .375 inch in diameter. The inquirer's catalog lists actual "material sizes"
of either .406 or .394 inch which converts to 10.3124 mm or 10.0076 Mm.
ISSUE:
What is the classification of steel chain links that are classifiable under subheadings 7315.82.1000 through 7315.82.7000, HTSUSA, that are just over 10 mm in diameter?
2
LAW AND ANALYSIS:
Specific details on the make up of the chains were not provided, however, we believe the relevant subheadings are 7315.82.1000 through 7315.82.7000, HTSUSA, which read as follows:
Chain and parts thereof, of iron or steel:
Other Chain:
Other, welded link:
Of alloy steel:
Not over 10 mm in diameter
Over 10 mm in diameter
Of iron or nonalloy steel:
Not over 10 mm in diameter
Over 10 mm in diameter
The measurement of the diameter of the steel should be determined by an absolute reading off of a metric micrometer. The determination of whether the diameter is over 10 mm or not is an exact measurement, the law in this case, does not provide for rounding off of the measurement. When taking a measurement, it is allowable to wipe clean the chain in order
to remove dirt and rust. The measurement should not be taken at the point where the chain is welded.
HOLDING:
The chain listed in the inquirer's catalog that is 3/8 Grade 80 alloy steel that is .394 inches is classifiable under subheading 7315.82.3000, HTSUSA, as chain of iron or steel,
other chain, other, welded link, of alloy steel, over 10 mm in diameter. This provision has a free rate of duty under the General duty rate column. The 3/8 Grade 30, Grade 43 or Grade
70 carbon steel chain that has a size of .394 inch or .406 inch is classifiable under subheading 7315.82.7000, HTSUSA, as chain of iron or steel, other chain, other, welded link, of iron or
nonalloy steel, over 10 mm in diameter. This provision has a free rate of duty under the General duty rate column.
Sincerely,
John Durant, Director
Commercial Rulings Division