CLA-2 CO:R:C:G 084535 VEA
Warren Loewen
General Manager
Loewen Manufacturing
Co., Ltd.
Box 820
Altona, Manitoba
ROG OBO
Re: Reconsideration of New York ruling 838496
Dear Mr. Loewen:
Your letter of May 5, 1989, requests reconsideration of
a New York ruling dated April 5, 1989 (File 838496), which
classified a combine feeder assembly in subheading 7315.11.0020
of the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA).
FACTS:
The combine feeder assembly consists of three parts, a
roller chain, slats and fasteners. The roller chains are
purchased from Japan, Taiwan, or the United States. The slats
are made in Canada from Canadian steel, and the fasteners are
also purchased from Japan, Taiwan, or Canada. These articles
are made of non-alloy steel and are used in a combine feeder
assembly, which fits into a combine feeder housing. Combine
feeder assemblies are used by farmers, farm machinery dealers,
farm stores and farm part distributors in machines that are
used to harvest grain.
Each feeder chain is composed of two parallel lengths of
roller chain to which are fastened slats at regular intervals.
For each feeder chain, the spacing of the slats, as well as the
width between the lengths of roller chain is specifically
designed for a particular combine model or models. The
importer states that the feeder chains can only be used in
combines to convey or drag grain away from the cutter assembly
of a harvesting combine.
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Our New York office classified the feeder chain in
subheading 7315.11.0020 as a roller chain of not over 50 mm
pitch and containing more than 3 parts per pitch. You disagree
with this classification, claiming that these are agricultural
products classifiable in heading 8433. You argue that the
feeder chain assembly is not a roller chain, because roller
chains do not have attachments and are used on a specific model
of combine.
ISSUE:
Whether feeder chain assemblies are roller chains of
iron or steel classified in heading 7315, subheading
7315.11.00; or parts of harvesting or threshing machinery
classified in heading 8433, subheading 8433.90.50.
LAW AND ANALYSIS:
Classification under the HTSUSA is governed by the
General Rules of Interpretation (GRIs), the legal principles by
which merchandise is classified. GRI 1 states, in part, that
the primary consideration in determining whether merchandise
should be classified in a heading should be given to the
language of the heading and to any relevant chapter or section
notes. The headings at issue provide:
7315 Chain and parts thereof, of iron or steel:
Articulated link chain and parts thereof:
* * * * * * * * * * *
7315.11.00 Roller Chain
* * * * * * * * * * * *
8433 Harvesting or threshing machinery, including
straw or fodder balers; grass or hay mowers;
machines for cleaning, sorting or grading eggs,
fruit or other agricultural produce, other than
machinery of heading 8437; parts thereof:
If these articles are classified as roller chains in
heading 7315, they are precluded from classification in Section
XVI, heading 8433. Note 1(g), Section XVI states that this
section does not cover parts of general use, as defined in note
2 to Section XV, of base metal (section XV), or similar goods
of plastics (chapter 39). Note 2 to Section XV states that
throughout the tariff schedule, the expression "parts of
general use" means articles of heading 7307, 7312, 7315, 7317
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or 7318 and similar articles of other base metals.
Classification in heading 7315 requires that the article
be a chain or a part of a chain. The Explanatory Notes (ENs)
for 7315 state that this heading covers chains of cast iron
(usually malleable cast iron), wrought iron or steel,
regardless of their dimensions, process of manufacture, or in
general, their intended use. The merchandise in this case
consists of a roller chain and two attachments (slats and
fasteners). The argument that this merchandise cannot be a
roller chain because the feeder chain in this case has
attachments, and normally roller chains do not have
attachments, is without merit.
Roller chains do come equipped with attachments. A
handbook on chains published by the American Chain Association,
Chains for Power Transmission and Material Handling: Design and
Applications Handbook, notes in referring to a type of roller
chain, a straight sidebar steel fabricated roller chain, that
these chains are furnished with a wide variety of attachments,
although the types designed for use with flights or slats are
probably encountered most often. Thus, not only are some
roller chains equipped with attachments, the attachment is
often a slat. The slats on a straight sidebar steel fabricated
roller chain are mounted over roller pins and eliminate straw
and dirt build-up and prevents the chain from stretching. The
slats that accompany the feeder chains in this case also
perform a similar function. A brochure submitted with the
ruling request states that the special slat design of the
Loewen replacement feeder chains eliminates the plugging up of
your combine by more effectively feeding the material into the
cylinder. The American Chain Association Handbook also states
that roller chains perform the specific function of conveying.
The feeder chains at issue are designed to convey or drag grain
away from the cutter assembly of a harvesting combine.
You argue that the completed feeder chain can only be
used on a specific model of combine. However, this would not
prevent these articles from being classified in heading 7315.
According to the ENs for this heading, chains are classified in
this heading regardless of their intended use. Since these
articles are classified in heading 7315, they are precluded
from classification in heading 8433.
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HOlDING:
Feeder chain assemblies are roller chains of iron or
steel classified in heading 7315, subheading 7315.11.00,
HTSUSA.
Sincerely,
John Durant, Director
Commercial Rulings Division