CLA-2:CO:R:C:M 955730 JAS
Mr. William A. Meeker
Rt. 2, Box 327A
Strasburg, VA 22657
RE: Conveyor Belts of Metal Wire, Belts With Plate Links of
Welded Stainless or Galvanized Wire; Drive Sprockets for
Continuous Conveyors; Section XVI, Note 1(ij), Note 2
Dear Mr. Meeker:
In your letter of January 5, 1994, on behalf of Twente Wire
Weaving Co Ltd., Hengelo, The Netherlands, you inquire as to the
classification of certain metal wire belts and sprockets for
conveyors. Descriptive literature was submitted.
FACTS:
The belts in issue are cut to length and used primarily with
conveyor systems in commercial food preparation and manufacturing
applications. The belts consist of rows of welded wire,
reinforced on the underside of the interior rows by longitudinal
rails. They may have guard edge plates or flights, as desired.
The sprockets are rotating toothed wheels or cylinders that are
parts of the conveyor's drive system. They engage the
perforations of the belts to impart motion. All materials are
said to be stainless, galvanized or plain steel.
You were informally advised that the provision for other
parts of conveyors, in subheading 8431.39.00, Harmonized Tariff
Schedule of the United States (HTSUS) may apply.
The provisions under consideration are as follows:
7326.20.00 Articles of iron or steel wire...5.7 percent
* * * *
8428 Other lifting, handling, loading or
unloading machinery (for example, elevators,
escalators, conveyors, teleferics) - 2 -
* * * *
8431.39.00 Parts suitable for use solely or principally
with the machinery of heading 8428: Other
...2 percent
ISSUE:
Whether the wire belts and sprockets are parts of lifting,
handling, loading or unloading machinery 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.
Subject to certain exceptions, goods that are identifiable
as parts of machines of chapters 84 or 85 are to be classified
according to Section XVI, Note 2, HTSUS. One of these exceptions
is Section XVI, Note 1 (ij), HTSUS, which excludes endless belts
of metal wire or strip and refers them to Section XV. Metal
drive sprockets are not provided for specifically in any heading
of chapters 84 or 85. Note 2(a). However, they are integral,
constituent and component parts of an entire conveyor system
designed to transmit power from the system's motor to the belt.
These sprockets therefore qualify as parts of conveyors for
tariff purposes. Note 2(b). This note requires that they be
principally used with conveyors. Principal use, in this context,
means that use which exceeds each other single use of the goods.
HOLDING:
Under the authority of GRI 1, the conveyor belts of welded
wire construction are provided for in heading 7326 as other
articles of iron or steel. They are classifiable in subheading
7326.20.00, HTSUS, as articles of iron or steel wire.
Under the authority of GRI 1, the metal drive sprockets are
provided for as parts of heading 8431. They are classifiable in
subheading 8431.39.00 as other parts suitable for use solely or
principally with the machinery of heading 8428.
Sincerely,
John Durant, Director
Commercial Rulings Division