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HQ 956594




November 23, 1994

CLA-2 CO:R:C:F 956594

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9590

District Director
U.S. Customs Service
1 E. Bay St.
Savannah, Georgia 31401

RE: Application For Further Review of Protest No. 1704-94-100021; American Longwall Mining And Classification of Nylon Cable Handling Chains

Dear District Director:

The following is our response to the referral by your office dated June 9, 1994, of the request for further review of the above-referenced protest.

FACTS:

The consumption entry covering the imported nylon cable chains (handling chains) was liquidated on October 15, 1993, under the provision for other articles of plastics, other, subheading 3926.90.9590, Harmonized Tariff of the United States (HTSUS), with duty at 5.3 percent ad valorem. A timely protest under 19 U.S.C. 1514 was received on June 12, 1994. The protestant requests reliquidation of the entry under the provision for other parts suitable for use solely or principally with the machinery of heading 8428, conveyors, in subheading 8431.39.0010, HTSUS, with duty at the rate of 2 percent ad valorem.

Briefly, a Longwall (coal) mining system consists of a shearing machine, a face conveyor, and hydraulic roof supports. A coal shearer moves across a coal seam face in a mine, shears off coal into strips and pushes the chunks of coal onto the face of a conveyor. The face conveyor moves the coal away form the face of the coal seam and onto a belt conveyor. The system is functional without the use of the imported handling chains. Handling chains are imported separately and not together as an integral part of the machines that make up the Longwall mining system. Each cable handling chain is 1.5 meters in length and imported in bulk. Individual pieces are attached together to
form the required length of handling chains. Handling chains have two openings which allow a water hose and an electric cable to be periodically clipped to the handling chains. A water hose and an electric cable operate the conveyor. The handling chains are not used to operate the conveyor. The handling chains are used to protect the water hose and electric cable and prevents them from tangling when the conveyor is in operation.

ISSUE:

The issue is whether the imported handling chains are parts suitable for use solely or principally with a conveyor machine.

LAW AND ANALYSIS:

Heading 8431, HTSUS, provides for parts suitable for use solely or principally with the machinery of headings 8425 to 8430. Conveyors are provided for in subheading 8428.20.0010. Accordingly, imported parts suitable for use solely or principally with a conveyor machine, may qualify for classification in subheading 8431.39.0010.

The protestant claims that the handling chains were designed to be incorporated as integral parts in the function of conveyor machines and, thus, they are parts suitable for use solely or principally with conveyor machines. However, the conveyor machines were manufactured without handling chains as integral parts of the machines. The conveyor machines as manufactured were complete articles and completely operational without handling chains. The hoses and cables operate the conveyors, not the handling chains. Handling chains are used to protect the hoses and cables of the machines and prevent the hoses and cables from tangling.

We conclude that handling chains are not parts suitable for use solely or principally with conveyor machines.

HOLDING:

Imported nylon cable handling chains as described above are classifiable in subheading 3926.90.9590, HTSUS, which provides for other articles of plastics, with duty at the general rate of 5.3 percent ad valorem.

You are directed to deny the protest in full.

In accordance with Section 3A(11)(b) of Customs Directive 099 3550-065, Revised Protest Directive, dated August 4, 1993, a copy of this decision attached to Customs Form 19, Notice of Action, should be provided by your office to the protestant no later than 60 days from the date of this decision and any reliquidations of entries in accordance with this decision must
be accomplished prior thereto. Sixty days from the date of this decision the Office of Regulations and Rulings will take steps to make this decision available to Customs personnel via the Customs Rulings Module in ACS and the public via the Diskette Subscription Service, Freedom of Information Act and other public access channels.

Sincerely,

John Durant, Director

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