CLA-2 CO:R:C:M 954696 LTO
7326.90.90; 7415.39.00; 7419.99.50; 7616.10.90;
8302.49.40; 8308.90.60; 8483.50.40
District Director
U.S. Customs Service
2nd and Chestnut Streets
Room 102
Philadelphia, Pennsylvania 19106-2999
RE: Protest No. 1101-93-100038; Base metal hardware items
(e.g., snap hooks, buckles, rings, dees, chains); HQ 954772;
U.S. v. Astra Trading Corp.; EN 73.15; EN 73.26; EN 83.02; EN
84.83; Additional U.S. Rule of Interp. 1(a)
Dear District Director:
The following is our decision regarding the request for
further review of Protest No. 1101-93-100038, which concerns the
classification of various hardware items, including snap hooks,
buckles, rings, dees and chains, under the Harmonized Tariff
Schedule of the United States (HTSUS). The subject merchandise
was entered on July 16, 1992, and the entry was liquidated on
October 23, 1992. The protest was timely filed on January 14,
1993.
FACTS:
The articles are various hardware items, including snap
hooks, buckles, rings, dees and chains. The protestant contends
that the items are classifiable as base metal harness and
saddlery hardware, under subheading 8302.49.40, HTSUS. Your
office determined that the protestant did not prove that the
items were principally used in the harness and saddlery industry,
and were classifiable under subheading 7315.89.10 (chains),
8308.90.60 (buckles) and 7326.90.90 (snap hooks, rings, dees and
remaining articles), HTSUS.
- 2 -
ISSUE:
Whether the various hardware items are classifiable as other
harness and saddlery or riding-bridle hardware, and parts
thereof, under subheading 8302.49.40, HTSUS.
LAW AND ANALYSIS:
The General Rules of Interpretation (GRI's) to the HTSUS
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 . . . ."
In HQ 954772, dated August 25, 1993, this office considered
the classification of base metal buckles used for harness and
saddlery purposes. In this ruling, we held that the buckles were
classifiable under heading 8308, HTSUS, which provides for
"buckles." We found that heading 8308, HTSUS, an eo nomine
provision, was preferred to heading 8302, HTSUS, which is a
provision of more general description. See U.S. v. Astra Trading
Corp., 44 CCPA 8, 11, C.A.D. 627 (1956).
Therefore, even if the items in question are covered by
heading 8302, HTSUS, any provision which describes the
merchandise at issue eo nomine must be preferred to this heading.
The buckles, according to HQ 954772, HTSUS, are classifiable
under heading 8308, HTSUS, specifically under subheading
8308.90.60, HTSUS.
With regard to the remaining articles, heading 7315, HTSUS,
provides for "[c]hain and parts thereof, of iron or steel." The
Harmonized Commodity Description and Coding System Explanatory
Note (EN) to heading 7315, pg. 1026, states that the heading
"covers chains of cast iron . . ., wrought iron or steel,
regardless of their dimensions, process of manufacture or, in
general, their intended use." Thus, the lead and curb chain are
classifiable under subheading 7315.89.10, HTSUS.
Heading 8483, HTSUS, provides for "pulleys, including pulley
blocks . . . ." EN 84.83, pg. 1327, states that "[p]ulleys
consist of wheels, sometimes with a grooved rim, which transmit
rotary movement from one to another by means of an endless belt
or rope revolving in contact between them. The heading covers
simple pulleys, drums (wide pulleys), conical pulleys, stepped
pulleys, etc. [emphasis in original]." Thus, the pulleys are
classifiable under heading 8483, HTSUS, specifically under
subheading 8483.50.40, HTSUS.
- 3 -
The remaining articles (snap hooks, clips, clamps, rings,
dees, screw eyes, chain connectors, "quick links" and halter
hardware) are not provided for eo nomine in any heading. Thus,
it is necessary to consider whether these articles are
classifiable as base metal mountings, fittings and similar
articles for saddlery, under heading 8302, HTSUS.
EN 83.02, HTSUS, pg. 1118-9, states that the heading "covers
general purpose classes of base metal accessory fittings and
mountings, such as are used largely on furniture, doors, windows,
coachwork, etc." EN 83.02, pg. 1120, further states that heading
8302, HTSUS, includes "[f]ittings and similar articles for
saddlery, such as bits, curbs, saddle-bows, stirrups; trace
harness or rein rings; horse-brasses and other fittings for
harness."
Additional U.S. Rule of Interpretation 1(a) provides as
follows:
a tariff classification controlled by use (other than
actual use) is to be determined in accordance with the
use in the United States at, or immediately prior to,
the date of importation, of goods of that class or kind
to which the imported goods belong, and the controlling
use is the principal use.
Thus, the remaining articles can only be classified under
heading 8302, HTSUS, if they are principally used in the harness
and saddlery industry. It is our opinion that the articles
listed as halter hardware are the only articles that are
demonstrably saddlery hardware. Because the halter hardware is
not more specifically provided for elsewhere, it is classifiable
under subheading 8302.49.40, HTSUS.
However, the snap hooks are not principally used in the
saddlery industry. While "snap hooks" are not specifically
provided for in any heading, EN 73.26, pg. 1037, states that
heading 7326, HTSUS, which provides for other articles of iron or
steel, includes "snap hooks for all purposes." Accordingly, the
snap hooks of iron or steel are classifiable under subheading
7326.90.90, HTSUS, while those of cast iron are classifiable
under subheading 7325.99.50, HTSUS. Copper snap hooks are
classifiable under subheading 7419.99.50, HTSUS, and zinc snap
hooks are classifiable under subheading 7907.90.60, HTSUS.
Wire rope clips and wire rope clamps are general purpose
articles used in various areas, such as fencing, to clip together
wire rope. Swivels, rings and dees are used in various places,
including luggage and clothing. The wire rope clips, wire rope
clamps, swivels, rings, dees and screw eyes are not dedicated to
saddlery. Thus, it is our opinion that these articles, with the - 4 -
exception of the screw eyes, are classifiable, according to their
constituent materials, in the same subheadings as the snap hooks.
The screw eyes are also classifiable according to their
constituent material. Iron or steel screw eyes are classifiable
under subheading 7318.13.00, HTSUS, copper screw eyes are
classifiable under subheading 7415.39.00, HTSUS, and aluminum
screw eyes are classifiable under subheading 7616.10.90, HTSUS.
Chain connectors and "quick links" are individual links used
to connect lengths of chain together. EN 73.15, pg. 1026, states
that "[i]ron or steel parts of chains specialised as such e.g.,
side links, rollers, spindles, etc., for articulated chain, links
and shackles for non-articulated chain, also fall in this
heading." Thus, these articles are also classifiable under
heading 7315, HTSUS, specifically under subheading 7315.90.00,
HTSUS.
HOLDING:
The buckles are classifiable under subheading 8308.90.60,
HTSUS.
The chains are classifiable under subheading 7315.89.10,
HTSUS.
The pulleys are classifiable under subheading 8483.50.40,
HTSUS.
The halter hardware is classifiable under subheading
8302.49.40, HTSUS.
The iron or steel snap hooks, wire rope clips, wire rope
clamps, swivels, rings and dees are classifiable under subheading
7326.90.90, HTSUS. The cast iron snap hooks, wire rope clips,
wire rope clamps, swivels, rings and dees are classifiable under
subheading 7325.99.50, HTSUS. The copper snap hooks, wire rope
clips, wire rope clamps, swivels, rings and dees are classifiable
under subheading 7419.99.50, HTSUS. The zinc snap hooks, wire
rope clips, wire rope clamps, swivels, rings and dees are
classifiable under subheading 7907.90.60, HTSUS.
The iron or steel screw eyes are classifiable under
subheading 7318.13.00, HTSUS. The copper screw eyes are
classifiable under subheading 7415.39.00, HTSUS. The aluminum
screw eyes are classifiable under subheading 7616.10.90, HTSUS.
The chain connectors and "quick links" are classifiable
under subheading 7315.90.00, HTSUS.
- 5 -
The protest should be denied with regard to the following
articles, because they were either classified correctly upon
liquidation, or the classification this office determined to be
correct results in the same or greater rate of duty than that
applicable to the liquidated provision: buckles; chains;
pulleys; snap hooks, rings, dees, wire rope clips, wire rope
clamps and swivels of iron or steel, cast iron or zinc; screw
eyes or iron or steel, copper or aluminum; chain connectors and
quick links. However, the protest should be granted with regard
to the snap hooks, rings, dees, wire rope clips, wire rope clamps
and swivels of copper, and the halter hardware.
In accordance with section 3A(11)(b) of Customs Directive
099 3550-065, dated August 4, 1993, Subject: Revised Protest
Directive, this decision, together with the Customs Form 19,
should be mailed by your office to the protestant no later than
60 days from the date of this letter. Any reliquidation of the
entry in accordance with the decision must be accomplished prior
to the mailing of the decision. Sixty days from the date of the
decision the Office of Regulations and Rulings will take steps to
make the decision available to Customs personnel via the Customs
Rulings Module in ACS and the public via the Diskette
Subscription Service, Lexis, Freedom of Information Act and other
public access channels.
Sincerely,
John Durant, Director