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NY 854413


August 13, 1990

CLA-2-73:S:N:N1:106-854413

CATEGORY: CLASSIFICATION

TARIFF NO.: 7315.11.0050; 8433.90.5000; 8483.40.5010; 9817.00.60

Mr. R. Kevin Williams
Sonnenberg, Anderson, O'Donnell & Rodriquez Attorneys & Counsellors at Law
200 West Adams Street, Suite 2625
Chicago, Illinois 60606

RE: The tariff classification of hay baler components from West Germany

Dear Williams:

In your letter dated July 12, 1990, on behalf of M&W Gear Company, Gibson City, IL, you requested a tariff classification ruling. You have submitted literature describing the hay baler machine and its various components.

The articles that are the subject of this ruling request are an elevator chain, a fixed-ratio gear box, and a hay pick-up unit used as components in M&W hay balers. It is your contention that the elevator chain and the pick-up assembly are classified in subheading 8433.90.50, Harmonized Tariff Schedule of the United States (HTS), which is the provision for parts of haying machines and balers. You further contend that the fixed-ratio gear box is classified in subheading 8483.40.50, HTS, which is the provision for gear boxes and other speed changers. Since this item is used on hay balers it should also be eligible for free duty treatment in subheading 9817.00.60, HTS.

The three articles (elevator chain, gear box and hay pick-up unit) are used after their importation as components of M&W model 1500 and model 1800 round hay balers. Round hay balers are agricultural machines that are towed behind tractors and are used to gather hay into large round bales.

The elevator chain consists of roller chain links and cross bar sections. The cross bars are inserted through the cross bar sections and are held in place by retaining pins. The elevator chains are driven around the bale chamber by specially designed sprockets which have teeth to accommodate the large size of the crossbar sections, as well as the roller links, of the elevator chain. The elevator chain functions in conjunction with the crossbars to form a housing to enclose, support and compress the hay bale during the bale formation process. It also has a transmission function which carries the crossbars around their operating path in the bale chamber.

The hay pick-up unit is designed solely for use with the M&W round balers and has no other practical application. The cleaner, faster pick-up system assists in producing a more uniform bale without the usual zigzagging associated with other balers. The pick-up gauge wheels prevent pick-up from being damaged in rough fields

The gear box imported for use with round balers is a fixed- ratio gear box which changes the direction of the power transmitted from the tractor to the baler by the power-take-off shaft and reduces the speed to that required for correct operation of the baler.

The General Rules of Interpretation (GRI's) govern classification under the Harmonized Tariff Schedule. Under GRI 1, classification shall be determined according to the terms of the heading and any relative section or chapter notes. In addition, the classification of articles which are parts of other articles is governed by Additional U.S. Rule of Interpretation 1(c), which states, "a provision for parts of an article covers products solely or principally used as a part of such articles but a provision for `parts' or `parts and accessories' shall not prevail over a specific provision for such part or accessory...." All three imported articles are clearly parts of a round hay baler, but when a specific provision describes the articles, then that specific provision prevails over a `parts of' provision.

Accordingly, the applicable subheading for the elevator chain will be 7315.11.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for other roller chain. The rate of duty will be 4.2 percent ad valorem.

The applicable subheading for the hay pick-up unit will be 8433.90.5000, HTS, which provides for parts of pick-up balers. The rate of duty will be free.

The applicable subheading for the fixed-ratio gear box will be 8483.40.5010, HTS, which provides for other fixed-ratio speed changers. The rate of duty will be 2.5 percent ad valorem.

Subheading 9817.00.60, HTS, is the provision for 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). The M&W round balers are classified in subheading 8433.40.00, HTS, which is the provision for straw or fodder balers, including pick-up balers. In the alternative, the elevator chain and the fixed-ratio gear box would be free of duty in subheading 9817.00.60, upon compliance with all applicable regulations (including the submission of actual use certification as provided in section 10.131-139 of the Customs Regulations).
This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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