HQ 958875
APRIL 17. 1996
CLA-2 RR:TC:MM 958875 JAS
Mr. John Cantwell
A. N. Deringer, Inc.
P. O. Box 43, Rt. 37
Massena, NY 12937-0824
RE: NY 830398 Modified, HQ 088358 Revoked; Barn Cleaner
Replacement Chain; Iron or Steel Hook-And-Eye
Chain With Welded Paddles; Articulated Chain,
Other Chain; Heading 9817.00.60, Parts To Be Used In Articles
Provided
for in Heading 8436, HQ 088999; Chapter 98, U.S. Note
2(ij)
Dear Mr. Cantwell:
In NY 830398, dated October 19, 1988, issued to your
company on behalf of Husky Farm Equipment, Ltd., the Area
Director of Customs, New York Seaport, held, among other things,
that certain barn cleaner replacement chain in a hook-and-eye
arrangement was classifiable as other articulated link chain, in
subheading 7315.12.00, Harmonized Tariff Schedule of the United
States (HTSUS). The ruling also held that the chain was eligible
for duty-free entry under heading 9817.00.60, HTSUS, as parts to
be used in articles of headings 8432, 8433, 8434 and 8436, HTSUS.
Subsequently, HQ 088358, dated March 1, 1991, modified NY 830398
by holding the chain was not eligible for duty-free entry under
heading 9817.00.50, HTSUS, as machinery, equipment and implements
to be used for agricultural or horticultural purposes because of
a Chapter 98 legal note that excluded, with certain limited
exceptions, goods of Chapter 73.
Pursuant to section 625(c)(1), Tariff Act of 1930 (19
U.S.C. 1625(c)(1)), as amended by section 623 of Title VI
(Customs Modernization) of the North American Free Trade
Agreement Implementation Act, Pub. L. 103-182, 107 Stat. 2057,
2186 (1993), notice of a proposal to modify NY 830398 and revoke
HQ 088358 was published on February 28, 1996, in the Customs
Bulletin, Volume 30, Number 9. No comments were received in
response to this notice.
- 2 -
FACTS:
The barn cleaner replacement chain in a hook-and-eye
arrangement, the subject of NY 830398, is iron or steel chain
with each link having a J shape at one end and the other end
looped or closed. Iron or steel shapes or paddles, each
typically measuring 2 inches x 2 inches x 1/4 inch, are welded to
this chain at regular intervals. Chains of
this type operate in continuous rotation in dairy barns in
connection with a motor, drive shaft and clutch pulley to sweep
away animal waste.
The provisions under consideration are as follows:
7315 Chain and parts thereof, of iron or
steel:
Articulated link
chain and parts thereof:
7315.12.00 Other
chain...3.4 percent ad valorem
Other chain:
7315.89 Other:
7315.89.50 Other...5.3
percent ad valorem
9817.00.50 Machinery, equipment and implements to be
used for agricultural or horticultural
purposes...Free
9817.00.60 Parts to be used in articles provided for in
headings 8432,
8433, 8434 and 8436, whether or not such
parts are
principally used as parts of such articles and
whether or not
covered by a specific provision within the
meaning of
additional U.S. Rule of Interpretation
1(c)...Free
ISSUE:
Whether hook-and-eye chain with paddles is articulated link
chain for tariff purposes; whether this chain is eligible for
duty-free entry under heading 9817.00.50 or under heading
9817.00.60.
LAW AND ANALYSIS:
Merchandise is classifiable under the Harmonized Tariff
Schedule of the United States (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 - 3 -
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.
Where not defined in a section or chapter legal note, or in
the Harmonized Commodity Description and Coding System
Explanatory Notes (ENs), tariff terms are construed according to
their common and commercial meanings which are presumed to be the
same. The term articulated, for purposes of subheading
7315.12.00, is not defined in the HTSUS or in the heading 73.15
ENs. In common
meaning, the term relates to articles with segments united by
joints such as pins. The
links of hook-and-eye chain are united by looping the J end of
one link through the closed end of another link. Such chain is
not articulated for tariff purposes. It is classifiable in
subheading 7315.89.50, HTSUS, as other chain.
As stated in HQ 088358, to be eligible for duty-free entry
under heading 9817.00.50, a good must not be excluded by a U.S.
legal note in Chapter 98, Subchapter XVII; it must be an article
that performs the agricultural or horticultural pursuit in
question; and the good must have the required actual use
certificate. Chapter 98, U.S. Note 2(ij), precludes articles of
Chapter 73 from classification in heading 9817.00.50. However,
Note 2(ij) further states that articles provided for in
subheadings 7315.81 through 7315.89, among other subheadings, are
not subject to this exclusion.
The barn cleaner replacement chain is a part or component of
apparatus used to remove manure from dairy barns. It is not
machinery, equipment and implements for purposes of heading
9017.00.50; rather, it is a part for tariff purposes and is
eligible for classification in heading 9817.00.60, if otherwise
qualified. An importation of barn cleaner replacement chain, as
described, plus motor, drive shaft, and clutch pulley, imported
assembled or unassembled, would be considered agricultural
machinery of heading 8436. This is because the removing of animal
wastes and other noxious materials from dairy barns for health or
sanitary reasons bears a sufficient relationship to the care and
maintenance of livestock as to qualify as a legitimate
agricultural pursuit for tariff purposes. HQ 088999, dated
October 15, 1991. The barn cleaner replacement chain, therefore,
qualifies as a part to be used in articles provided for in
heading 8436. It is eligible for classification in heading
9817.00.60, HTSUS, upon compliance with the actual use
requirements of 10 CFR 10.138.
HOLDING:
Under the authority of GRI 1, barn cleaner replacement chain
in a hook-and-eye arrangement, with paddles, as described, is
provided for in heading 7315. It is classifiable in subheading
7315.89.50, HTSUS. Articles classifiable in this provision are
eligible for duty-free entry under heading 9817.00.60, HTSUS,
upon compliance with applicable law and Customs Regulations. - 4 -
EFFECT ON OTHER RULINGS:
NY 830398, dated October 19, 1988, is hereby modified, and
HQ 088358, dated March 1, 1991, is hereby revoked. In accordance
with 19 U.S.C. 1625(c)(1), this ruling will become effective 60
days after its publication in the Customs Bulletin. Publication
of rulings or decisions pursuant to 19 U.S.C. 1625(c)(1) does not
constitute a change of practice or position in accordance with
section 177.10(c)(1), Customs Regulations (19 CFR 177.10(c)(1)).
Sincerely,
John Durant, Director
Tariff Classification
Appeals Division