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 > 1995 HQ Rulings > HQ 955527 - HQ 955749 > HQ 955730

Previous Ruling Next Ruling
HQ 955730




FEBRUARY 3, 1994

CLA-2:CO:R:C:M 955730 JAS

CATEGORY: CLASSIFICATION

TARIFF NO.: 7326.20.00, 8431.39.00

Mr. William A. Meeker
Rt. 2, Box 327A
Strasburg, VA 22657

RE: Conveyor Belts of Metal Wire, Belts With Plate Links of Welded Stainless or Galvanized Wire; Drive Sprockets for Continuous Conveyors; Section XVI, Note 1(ij), Note 2

Dear Mr. Meeker:

In your letter of January 5, 1994, on behalf of Twente Wire Weaving Co Ltd., Hengelo, The Netherlands, you inquire as to the classification of certain metal wire belts and sprockets for conveyors. Descriptive literature was submitted.

FACTS:

The belts in issue are cut to length and used primarily with conveyor systems in commercial food preparation and manufacturing applications. The belts consist of rows of welded wire, reinforced on the underside of the interior rows by longitudinal rails. They may have guard edge plates or flights, as desired. The sprockets are rotating toothed wheels or cylinders that are parts of the conveyor's drive system. They engage the perforations of the belts to impart motion. All materials are said to be stainless, galvanized or plain steel.

You were informally advised that the provision for other parts of conveyors, in subheading 8431.39.00, Harmonized Tariff Schedule of the United States (HTSUS) may apply.

The provisions under consideration are as follows:

7326.20.00 Articles of iron or steel wire...5.7 percent

8428 Other lifting, handling, loading or unloading machinery (for example, elevators, escalators, conveyors, teleferics) - 2 -

8431.39.00 Parts suitable for use solely or principally with the machinery of heading 8428: Other ...2 percent

ISSUE:

Whether the wire belts and sprockets are parts of lifting, handling, loading or unloading machinery for tariff purposes.

LAW AND ANALYSIS:

Merchandise is classifiable under the 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.

Subject to certain exceptions, goods that are identifiable as parts of machines of chapters 84 or 85 are to be classified according to Section XVI, Note 2, HTSUS. One of these exceptions is Section XVI, Note 1 (ij), HTSUS, which excludes endless belts of metal wire or strip and refers them to Section XV. Metal drive sprockets are not provided for specifically in any heading of chapters 84 or 85. Note 2(a). However, they are integral, constituent and component parts of an entire conveyor system designed to transmit power from the system's motor to the belt. These sprockets therefore qualify as parts of conveyors for tariff purposes. Note 2(b). This note requires that they be principally used with conveyors. Principal use, in this context, means that use which exceeds each other single use of the goods.

HOLDING:

Under the authority of GRI 1, the conveyor belts of welded wire construction are provided for in heading 7326 as other articles of iron or steel. They are classifiable in subheading 7326.20.00, HTSUS, as articles of iron or steel wire.

Under the authority of GRI 1, the metal drive sprockets are provided for as parts of heading 8431. They are classifiable in subheading 8431.39.00 as other parts suitable for use solely or principally with the machinery of heading 8428.

Sincerely,

John Durant, Director
Commercial Rulings Division


Previous Ruling Next Ruling

See also: