CLA-2 CO:R:C:F 956594
District Director
U.S. Customs Service
1 E. Bay St.
Savannah, Georgia 31401
RE: Application For Further Review of Protest No. 1704-94-100021;
American Longwall Mining And Classification of Nylon Cable
Handling Chains
Dear District Director:
The following is our response to the referral by your office
dated June 9, 1994, of the request for further review of the
above-referenced protest.
FACTS:
The consumption entry covering the imported nylon cable
chains (handling chains) was liquidated on October 15, 1993,
under the provision for other articles of plastics, other,
subheading 3926.90.9590, Harmonized Tariff of the United States
(HTSUS), with duty at 5.3 percent ad valorem. A timely protest
under 19 U.S.C. 1514 was received on June 12, 1994. The
protestant requests reliquidation of the entry under the
provision for other parts suitable for use solely or principally
with the machinery of heading 8428, conveyors, in subheading
8431.39.0010, HTSUS, with duty at the rate of 2 percent ad
valorem.
Briefly, a Longwall (coal) mining system consists of a
shearing machine, a face conveyor, and hydraulic roof supports.
A coal shearer moves across a coal seam face in a mine, shears
off coal into strips and pushes the chunks of coal onto the face
of a conveyor. The face conveyor moves the coal away form the
face of the coal seam and onto a belt conveyor. The system is
functional without the use of the imported handling chains.
Handling chains are imported separately and not together as an
integral part of the machines that make up the Longwall mining
system. Each cable handling chain is 1.5 meters in length and
imported in bulk. Individual pieces are attached together to
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form the required length of handling chains. Handling chains
have two openings which allow a water hose and an electric cable
to be periodically clipped to the handling chains. A water hose
and an electric cable operate the conveyor. The handling chains
are not used to operate the conveyor. The handling chains are
used to protect the water hose and electric cable and prevents
them from tangling when the conveyor is in operation.
ISSUE:
The issue is whether the imported handling chains are parts
suitable for use solely or principally with a conveyor machine.
LAW AND ANALYSIS:
Heading 8431, HTSUS, provides for parts suitable for use
solely or principally with the machinery of headings 8425 to
8430. Conveyors are provided for in subheading 8428.20.0010.
Accordingly, imported parts suitable for use solely or
principally with a conveyor machine, may qualify for
classification in subheading 8431.39.0010.
The protestant claims that the handling chains were designed
to be incorporated as integral parts in the function of conveyor
machines and, thus, they are parts suitable for use solely or
principally with conveyor machines. However, the conveyor
machines were manufactured without handling chains as integral
parts of the machines. The conveyor machines as manufactured
were complete articles and completely operational without
handling chains. The hoses and cables operate the conveyors, not
the handling chains. Handling chains are used to protect the
hoses and cables of the machines and prevent the hoses and cables
from tangling.
We conclude that handling chains are not parts suitable for
use solely or principally with conveyor machines.
HOLDING:
Imported nylon cable handling chains as described above are
classifiable in subheading 3926.90.9590, HTSUS, which provides
for other articles of plastics, with duty at the general rate of
5.3 percent ad valorem.
You are directed to deny the protest in full.
In accordance with Section 3A(11)(b) of Customs Directive
099 3550-065, Revised Protest Directive, dated August 4, 1993, a
copy of this decision attached to Customs Form 19, Notice of
Action, should be provided by your office to the protestant no
later than 60 days from the date of this decision and any
reliquidations of entries in accordance with this decision must
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be accomplished prior thereto. Sixty days from the date of this
decision the Office of Regulations and Rulings will take steps to
make this decision available to Customs personnel via the Customs
Rulings Module in ACS and the public via the Diskette
Subscription Service, Freedom of Information Act and other public
access channels.
Sincerely,
John Durant, Director
Commercial Rulings Division