United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1994 HQ Rulings > HQ 0955514 - HQ 0955613 > HQ 0955546

Previous Ruling Next Ruling


HQ 955546


February 8, 1994

CLA-2 CO:R:C:M 955546 LTO

CATEGORY: CLASSIFICATION

TARIFF NO.: 7314.30.50; 7326.20.00

Mr. Louis D. Bernier
North Star World Trade Services, Inc.
7700 23rd Avenue South
Minneapolis, Minnesota 55450

RE: Queen Bee Excluders; HQ 953544; NY 882692; heading 8436; "machine"

Dear Mr. Bernier:

This is in response to your letter of December 10, 1993, requesting, on behalf of Mann Lake Supply Co., reconsideration of HQ 953544, dated April 5, 1993, which concerned the classification of bound and unbound queen bee excluders under the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The articles in question are bound and unbound queen bee excluders made of stainless steel and plated with zinc. The excluders are used to keep the queen bee away from the "work area" of a beehive where the honey is stored. The bound excluder consists of a grill with metal framing on the edges, while the unbound excluder consists of a grill without a frame.

In HQ 953544, this office affirmed NY 882692, dated February 19, 1993, and held that the bound queen bee excluder was classifiable under subheading 7326.20.00, HTSUS, which provides for other articles of iron or steel wire. The unbound queen bee excluder was classified under subheading 7314.30.50, HTSUS, which provides for other grills of iron or steel wire.

ISSUE:

Whether the bound and unbound queen bee excluders are classifiable as other bee-keeping machinery under subheading 8436.80.00, HTSUS. - 2 -

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 . . . ."

You contend that the queen bee excluders are classifiable as bee-keeping machinery or as parts thereof under heading 8436, HTSUS. In HQ 953544, we stated that "[a]lthough the queen bee excluders are intended for agricultural use (growing honey), they are neither machinery nor are they parts of machinery." You claim that the excluders, or the beehives with which they are used, are "machines."

A tariff term that is not defined in the HTSUS or in the Harmonized Commodity Description and Coding System Explanatory Notes (EN) is construed in accordance with its common and commercial meaning. Nippon Kogaku (USA), Inc. v. U.S., 69 CCPA 89, 673 F.2d 380 (1982). Common and commercial meaning may be determined by consulting dictionaries, lexicons, scientific authorities and other reliable sources. C.J. Tower & Sons v. U.S., 69 CCPA 128, 673 F.2d 1268 (1982).

The term "machine" is defined as follows:

(1): an assemblage of parts that transmit forces, motion, and energy one to another in a predetermined manner;
(2): an instrument (as a lever) designed to transmit or modify the application of power, force, or motion.

Webster's Ninth New Collegiate Dictionary, pg. 713

Neither the beehive, nor the excluders, meet the above definition. Therefore, HQ 953544 is affirmed. The bound queen bee excluder is classifiable under subheading 7326.20.00, HTSUS, and the unbound queen bee excluder is classifiable under subheading 7314.30.50, HTSUS.

HOLDING:

The bound queen bee excluders are classifiable under subheading 7326.20.00, HTSUS, while the unbound queen bee - 3 -
excluders are classifiable under subheading 7314.30.50, HTSUS. The corresponding rate of duty for articles of these subheadings is 5.7% ad valorem.

HQ 953544, dated April 5, 1993, is affirmed.

Sincerely,

John Durant, Director

Previous Ruling Next Ruling

See also: