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HQ 950619


February 3, 1992

CLA-2 CO:R:C:M 950619 CMS

CATEGORY: CLASSIFICATION

TARIFF NO.: 7315.11.00

John Pederson, President
Southern Motorcycle Supply, Inc.
7895 Convoy Court, Ste. 12
San Diego, CA 92111

RE: Motorcycle Drive Chain; Articulated Link; Roller; Parts; Subheading 8714.19.00

Dear Mr. Pederson:

This is in response to your request dated October 3, 1991, for a classification ruling on certain motorcycle chain under the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The merchandise consists of motorcycle drive chain joined at each end by a linkage pin to form a loop approximately three feet in diameter. The chain is comprised of linked segments of plates, rollers and pins, and is used to transmit power from the motorcycle engine to propel the cycle.

ISSUE:

Is the merchandise classified as chain of iron or steel in Heading 7315, or as parts of motorcycles in Heading 8714?

LAW AND ANALYSIS:

The Harmonized Tariff Schedule of the United States (HTSUS) provides that the classification of articles is governed by the General Rules of Interpretation (GRI's). GRI 1 states in pertinent part that "...classification shall be determined according to the terms of the headings and any relative section or chapter notes...".

Heading 7315 describes chain of iron or steel and parts thereof. Heading 8714 in part describes parts of motorcycles.

Heading 8714 is a Section XVII heading. Section XVII Note 2(b) states in part that for the purposes of Section XVII, the expression "parts" does not cover "[p]arts of general use" of base metal, as defined by Note 2 to Section XV. Section XV Note 2 states that "parts of general use" includes articles of Heading 7315.

Thus, if the merchandise is an article of Heading 7315, it is classified there and not as a "part" in Section XVII. (See also Additional U.S. Rule Of Interpretation 1(c), which states that "...a provision for 'parts'...shall not prevail over a specific provision for such part...").

The Harmonized Commodity Description and Coding System Explanatory Notes to Heading 7315, p. 1026, provide that the heading covers chains, "...regardless of their dimensions, process of manufacture or, in general, their intended use." The Explanatory Notes to Heading 7315 also provide at p. 1026 that the heading specifically includes "[t]ransmission chains for cycles..." (emphasis added).

The motorcycle drive chain under consideration is specifically described as chain of iron or steel in Heading 7315, and is classified as chain of iron or steel, articulated link chain, roller chain, in subheading 7315.11.00, HTSUS.

HOLDING:

The motorcycle drive chain under consideration is specifically described as chain of iron or steel in Heading 7315, and is classified as chain of iron or steel, articulated link chain, roller chain, in subheading 7315.11.00, HTSUS, currently dutiable at a Column 1 rate (not including antidumping duty) of 4.2 percent ad valorem.

You also ask whether the merchandise is subject to antidumping duty under the antidumping duty case for roller chain. You may request that an antidumping duty scope
determination be conducted by directing your request to the Department of Commerce at the following address:

Department of Commerce
International Trade Administration
Office of Antidumping Duty Compliance
IA Central Records Unit, Rm. B-099
Washington, D.C., 20230

Attn.: Roland L. MacDonald
Tel. No. (202) 377-4851

Sincerely,


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