CLA-2 RR:TC:MM 959658 JAS
Mr. John Cantwell
A. N. Deringer, Inc.
P. O. Box 43, Rt. 37
Massena, NY 12937-0824
RE: HQ 958875 Modified, 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
Dear Mr. Cantwell:
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 the proposed modification HQ 958875, dated April 17,
1996, was published on October 2, 1996, in the Customs Bulletin,
Volume 30, Number 40.
FACTS:
As stated in HQ 958875, the barn cleaner replacement chain
is iron or steel chain in a hook-and-eye arrangement 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. Chain of this type operates in
continuous rotation in dairy barns in connection with a motor,
drive shaft and clutch pulley to sweep away animal wastes.
The provisions under consideration are as follows:
7315 Chain and parts thereof, of iron or steel:
Articulated link chain and parts thereof:
- 2 -
7315.12.00 Other chain...3.4 percent ad valorem
Other chain:
7315.89 Other:
7315.89.50 Other...5.3 percent ad valorem
* * * *
8428 Other lifting, handling, loading or unloading
machinery...:
8428.90.00 Other machinery...1.2 percent ad valorem
* * * *
8436 Other agricultural, horticultural, forestry, poultry-keeping or bee-keeping machinery...
poultry incubators and brooders...:
* * * *
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 eligible for
duty-free entry under heading 9817.00.60. - 3 -
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 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 official interpretation of
the Harmonized System. While not legally binding, 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 ENS should always be consulted. See T.D.
89-80, 54 Fed. Reg. 35127, 35128 (Aug. 23, 1989).
For the reasons stated in HQ 958875, the barn cleaner
replacement chain remains classifiable in subheading 7315.89.50,
HTSUS, as other chain and parts thereof, of iron or steel.
However, it is not eligible for classification in heading
9817.00.60, HTSUS. While we stated in HQ 958875 that 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, we failed to consider that it was also material
handling machinery of heading 8428. Incidentally, the chain
cannot be classified as a part of handling machinery because
articles of heading 7315 are "parts of general use" and are
excluded from Chapter 84 by virtue of Note 1(g) to Section XVI.
Relevant ENS at p. 1218, under (d) exclude from heading
84.36 pneumatic or "blower" type elevators; winches for
uprooting, dragging or loading trees, logs, etc.; and other
hoisting, handling or conveying equipment (heading 84.25, 84.26
or 84.28). Because the cited ENS eliminate heading 8436 from
consideration when in competition with heading 8428, the barn
cleaner replacement chain is not a part to be used in
agricultural machinery of heading 8436. Therefore, it is not
eligible for duty-free entry under heading 9817.00.60, HTSUS.
- 4 -
HOLDING:
Under the authority of GRI 1, the barn cleaner replacement
chain with welded paddles, as described, is provided for in
heading 7315. It remains classifiable in subheading 7315.89.50,
HTSUS. However, for the reasons stated, this chain is not
eligible for classification in heading 9817.00.60, HTSUS.
HQ 958875 is modified according. 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