HQ 956032 - 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; HQ 955730 Modified - United States International Trade Commision Rulings

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HQ 956032

MARCH 17, 1994

CLA-2:CO:R:C:M 956032 JAS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8483.90.10

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; HQ 955730 Modified

Dear Sir:

In your letter of January 5, 1994, on behalf of Twente Wire Weaving Co., Ltd., Hengelo, The Netherlands, you inquired as to the classification of certain metal wire belts and sprockets for conveyors. We responded to your request in HQ 955730, dated February 3, 1994. For the following reasons HQ 955730 is modified with respect to the drive sprockets.

FACTS:

The contents of HQ 955730 are incorporated by reference in this decision. The sprockets are of metal or plastic and 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. HQ 955730 confirmed this classification for the drive sprockets. - 2 -

The provisions under consideration are as follows:

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

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

8483 Transmission shafts and cranks; bearing housings; gears and gearing; parts thereof

8483.90.10 Parts: Chain sprockets and parts thereof ...5.7 percent

ISSUE:

Whether the metal or plastic drive sprockets are provided for as parts of lifting, handling, loading or unloading machinery, or as goods or parts of goods of heading 8483.

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.

The Harmonized Commodity Description And Coding System Explanatory Notes (ENs) constitute the Customs Cooperation Council's official interpretation of the Harmonized System. While not legally binding on the contracting parties, and therefore not dispositive, the ENs provide a commentary on the scope of each heading of the Harmonized System and are thus useful in ascertaining the classification of merchandise under the System. Customs believes the notes should always be consulted. See T.D. 89-80.

Subject to certain exceptions that are not relevant here, goods that are identifiable as parts of machines of chapters 84 or 85 are to be classified according to Section XVI, Note 2, HTSUS. Parts that are goods included in any of the headings of chapters 84 or 85 are in all cases to be classified in their respective headings. Note 2(a). HQ 955730 stated that the - 3 -
drive sprockets were not provided for in any heading of chapter 84 or 85. However, relevant ENs at p. 1326 indicate that for purposes of heading 8483 the basic gear is the toothed wheel, cylinder, cone, rack, or worm, etc. The group covers all types of gears including simple cog wheels, bevel gears, conical gears, helical gears, worms, rack and pinion gears, differential gears, etc., and assemblies of such gears. It also covers toothed and similar wheels for use with transmission chains. It appears from these notes that the drive sprockets in issue are in all material respects similar to chain sprockets. The drive sprockets, therefore, are described as gears and gearing, in heading 8483.

HOLDING:

Under the authority of GRI 1, the metal or plastic drive sprockets are provided for in heading 8483. They are classifiable in subheading 8483.90.10, HTSUS, as chain sprockets and parts thereof.

EFFECT ON OTHER RULINGS:

Under the authority of section 177.9(d)(1), Customs Regulations (19 CFR 177.9(d)(1)), HQ 955730 is modified with respect to the drive sprockets.

The modification of HQ 955730 will not be applied retroactively in accordance with section 177.9(d)(2), Customs Regulations (19 CFR 177.9(d)(2)), and, therefore, will not affect past transactions for the importation of the merchandise they cover. However, for the purposes of future transactions involving merchandise of this type, HQ 955730 will not be valid precedent with respect to the drive sprockets.

We recognize that pending transactions may be adversely affected by this revocation, in that current contracts for importations arriving within the Customs territory subsequent to this decision will be classified in accordance with it. If such a situation arises, you may notify this office at your discretion and apply for relief from the binding effects of this decision as the circumstances may warrant.

Sincerely,

John Durant, Director
Commercial Rulings Division

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