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HQ 954660


November 18, 1993

CLA-2 CO:R:C:M 954660 LTO

CATEGORY: CLASSIFICATION

TARIFF NO.: 7315.20.10

Mr. James D. Hunt
Monitor Traction Devices
1509 S.W. 17th
Portland, Oregon 97201

RE: Bicycle tire chains; heading 8712; heading 8714; Add. Rule of Interpretation 1(c); EN 73.15

Dear Mr. Hunt:

This is in response to your letter received July 23, 1993, requesting the classification of bicycle tire chains under the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The articles in question are "Monitor Traction Devices," which are tire chains for bicycles. The chains are draped over and around the tire to improve a mountain biker's tracking ability in hazardous conditions, specifically mud and snow. The chains are imported from Taiwan.

ISSUE:

Whether the bicycle tire chains are classifiable as chains of iron or steel under heading 7315, HTSUS.

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI's) to the HTSUS govern the classification of goods in the tariff schedule. GRI 1 states in pertinent part that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes . . . ."

Heading 8714, HTSUS, provides for parts and accessories of vehicles of headings 8711 to 8713. Heading 8712, HTSUS, provides
for non-motorized bicycles. The bicycle tire chains are accessories of heading 8712, HTSUS, bicycles.

However, additional U.S. Rule of Interpretation 1(c) provides as follows:
a provision for "parts" or "parts and accessories" shall not prevail over a specific provision for such part or accessory . . .

Thus, if the bicycle tire chains are specifically provided for in another tariff heading, they cannot be classified as accessories under heading 8714, HTSUS.

The Harmonized Commodity Description and Coding System Explanatory Notes (EN) constitute the Customs Co-operation Council's official interpretation of the Harmonized System. While not legally binding, the ENs provide a commentary on the scope of each heading of the Harmonized System, and are generally indicative of the proper interpretation of these headings.

EN 73.15, pg. 1026, states that heading 7315, HTSUS, "covers chains of cast iron (usually, malleable cast iron), wrought iron or steel, regardless of their dimensions, process of manufacture or, in general, their intended use." The chains in question fall within this broad definition. They are, therefore, classifiable under heading 7315, HTSUS, specifically under subheading 7315.20.10, HTSUS.

HOLDING:

The bicycle tire chains are classifiable under subheading 7315.20.10, HTSUS, which provides for skid chains not over 8 mm in diameter, or iron or steel. The corresponding rate of duty for articles of this subheading is 1.5% ad valorem.

Sincerely,

John Durant, Director

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