CLA-2:CO:R:C:M 956032 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;
HQ 955730 Modified
Dear Sir:
In your letter of January 5, 1994, on behalf of Twente Wire
Weaving Co., Ltd., Hengelo, The Netherlands, you inquired as to
the classification of certain metal wire belts and sprockets for
conveyors. We responded to your request in HQ 955730, dated
February 3, 1994. For the following reasons HQ 955730 is
modified with respect to the drive sprockets.
FACTS:
The contents of HQ 955730 are incorporated by reference in
this decision. The sprockets are of metal or plastic and 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. HQ 955730
confirmed this classification for the drive sprockets. - 2 -
The provisions under consideration are as follows:
8428 Other lifting, handling, loading or
unloading machinery (for example, elevators,
escalators, conveyors, teleferics)
* * * *
8431.39.00 Parts suitable for use solely or principally
with the machinery of heading 8428: Other
...2 percent
8483 Transmission shafts and cranks; bearing
housings; gears and gearing; parts thereof
8483.90.10 Parts: Chain sprockets and parts thereof
...5.7 percent
ISSUE:
Whether the metal or plastic drive sprockets are provided
for as parts of lifting, handling, loading or unloading
machinery, or as goods or parts of goods of heading 8483.
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.
The Harmonized Commodity Description And Coding System
Explanatory Notes (ENs) constitute the Customs Cooperation
Council's official interpretation of the Harmonized System.
While not legally binding on the contracting parties, and
therefore not dispositive, the ENs provide a commentary on the
scope of each heading of the Harmonized System and are thus
useful in ascertaining the classification of merchandise under
the System. Customs believes the notes should always be
consulted. See T.D. 89-80.
Subject to certain exceptions that are not relevant here,
goods that are identifiable as parts of machines of chapters 84
or 85 are to be classified according to Section XVI, Note 2,
HTSUS. Parts that are goods included in any of the headings of
chapters 84 or 85 are in all cases to be classified in their
respective headings. Note 2(a). HQ 955730 stated that the - 3 -
drive sprockets were not provided for in any heading of chapter
84 or 85. However, relevant ENs at p. 1326 indicate that for
purposes of heading 8483 the basic gear is the toothed wheel,
cylinder, cone, rack, or worm, etc. The group covers all types
of gears including simple cog wheels, bevel gears, conical gears,
helical gears, worms, rack and pinion gears, differential gears,
etc., and assemblies of such gears. It also covers toothed and
similar wheels for use with transmission chains. It appears from
these notes that the drive sprockets in issue are in all material
respects similar to chain sprockets. The drive sprockets,
therefore, are described as gears and gearing, in heading 8483.
HOLDING:
Under the authority of GRI 1, the metal or plastic drive
sprockets are provided for in heading 8483. They are
classifiable in subheading 8483.90.10, HTSUS, as chain sprockets
and parts thereof.
EFFECT ON OTHER RULINGS:
Under the authority of section 177.9(d)(1), Customs
Regulations (19 CFR 177.9(d)(1)), HQ 955730 is modified with
respect to the drive sprockets.
The modification of HQ 955730 will not be applied
retroactively in accordance with section 177.9(d)(2), Customs
Regulations (19 CFR 177.9(d)(2)), and, therefore, will not affect
past transactions for the importation of the merchandise they
cover. However, for the purposes of future transactions
involving merchandise of this type, HQ 955730 will not be valid
precedent with respect to the drive sprockets.
We recognize that pending transactions may be adversely
affected by this revocation, in that current contracts for
importations arriving within the Customs territory subsequent to
this decision will be classified in accordance with it. If such
a situation arises, you may notify this office at your discretion
and apply for relief from the binding effects of this decision as
the circumstances may warrant.
Sincerely,
John Durant, Director
Commercial Rulings Division