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HQ 958875




APRIL 17. 1996

CLA-2 RR:TC:MM 958875 JAS

CATEGORY: CLASSIFICATION

TARIFF NO.: 7315.89.50, 9817.00.60

Mr. John Cantwell
A. N. Deringer, Inc.
P. O. Box 43, Rt. 37
Massena, NY 12937-0824

RE: NY 830398 Modified, HQ 088358 Revoked; Barn Cleaner Replacement Chain; Iron or Steel Hook-And-Eye Chain With Welded Paddles; Articulated Chain, Other Chain; Heading 9817.00.60, Parts To Be Used In Articles Provided for in Heading 8436, HQ 088999; Chapter 98, U.S. Note

Dear Mr. Cantwell:

In NY 830398, dated October 19, 1988, issued to your company on behalf of Husky Farm Equipment, Ltd., the Area Director of Customs, New York Seaport, held, among other things, that certain barn cleaner replacement chain in a hook-and-eye arrangement was classifiable as other articulated link chain, in subheading 7315.12.00, Harmonized Tariff Schedule of the United States (HTSUS). The ruling also held that the chain was eligible for duty-free entry under heading 9817.00.60, HTSUS, as parts to be used in articles of headings 8432, 8433, 8434 and 8436, HTSUS. Subsequently, HQ 088358, dated March 1, 1991, modified NY 830398 by holding the chain was not eligible for duty-free entry under heading 9817.00.50, HTSUS, as machinery, equipment and implements to be used for agricultural or horticultural purposes because of a Chapter 98 legal note that excluded, with certain limited exceptions, goods of Chapter 73.

Pursuant to section 625(c)(1), Tariff Act of 1930 (19 U.S.C. 1625(c)(1)), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, Pub. L. 103-182, 107 Stat. 2057, 2186 (1993), notice of a proposal to modify NY 830398 and revoke HQ 088358 was published on February 28, 1996, in the Customs Bulletin, Volume 30, Number 9. No comments were received in response to this notice.

FACTS:

The barn cleaner replacement chain in a hook-and-eye arrangement, the subject of NY 830398, is iron or steel chain with each link having a J shape at one end and the other end looped or closed. Iron or steel shapes or paddles, each typically measuring 2 inches x 2 inches x 1/4 inch, are welded to this chain at regular intervals. Chains of this type operate in continuous rotation in dairy barns in connection with a motor, drive shaft and clutch pulley to sweep away animal waste.

The provisions under consideration are as follows:

7315 Chain and parts thereof, of iron or steel:

Articulated link chain and parts thereof:

7315.12.00 Other chain...3.4 percent ad valorem

Other chain:

7315.89 Other:

7315.89.50 Other...5.3 percent ad valorem

9817.00.50 Machinery, equipment and implements to be used for agricultural or horticultural purposes...Free

9817.00.60 Parts to be used in articles provided for in headings 8432,
8433, 8434 and 8436, whether or not such parts are principally used as parts of such articles and whether or not covered by a specific provision within the meaning of additional U.S. Rule of Interpretation
1(c)...Free

ISSUE:

Whether hook-and-eye chain with paddles is articulated link chain for tariff purposes; whether this chain is eligible for duty-free entry under heading 9817.00.50 or under heading 9817.00.60.

LAW AND ANALYSIS:

Merchandise is classifiable under the Harmonized Tariff Schedule of the United States (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 - 3 -
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.

Where not defined in a section or chapter legal note, or in the Harmonized Commodity Description and Coding System Explanatory Notes (ENs), tariff terms are construed according to their common and commercial meanings which are presumed to be the same. The term articulated, for purposes of subheading 7315.12.00, is not defined in the HTSUS or in the heading 73.15 ENs. In common meaning, the term relates to articles with segments united by joints such as pins. The links of hook-and-eye chain are united by looping the J end of one link through the closed end of another link. Such chain is not articulated for tariff purposes. It is classifiable in subheading 7315.89.50, HTSUS, as other chain.

As stated in HQ 088358, to be eligible for duty-free entry under heading 9817.00.50, a good must not be excluded by a U.S. legal note in Chapter 98, Subchapter XVII; it must be an article that performs the agricultural or horticultural pursuit in question; and the good must have the required actual use certificate. Chapter 98, U.S. Note 2(ij), precludes articles of Chapter 73 from classification in heading 9817.00.50. However, Note 2(ij) further states that articles provided for in subheadings 7315.81 through 7315.89, among other subheadings, are not subject to this exclusion.

The barn cleaner replacement chain is a part or component of apparatus used to remove manure from dairy barns. It is not machinery, equipment and implements for purposes of heading 9017.00.50; rather, it is a part for tariff purposes and is eligible for classification in heading 9817.00.60, if otherwise qualified. An importation of barn cleaner replacement chain, as described, plus motor, drive shaft, and clutch pulley, imported assembled or unassembled, would be considered agricultural machinery of heading 8436. This is because the removing of animal wastes and other noxious materials from dairy barns for health or sanitary reasons bears a sufficient relationship to the care and maintenance of livestock as to qualify as a legitimate agricultural pursuit for tariff purposes. HQ 088999, dated October 15, 1991. The barn cleaner replacement chain, therefore, qualifies as a part to be used in articles provided for in heading 8436. It is eligible for classification in heading 9817.00.60, HTSUS, upon compliance with the actual use requirements of 10 CFR 10.138.

HOLDING:

Under the authority of GRI 1, barn cleaner replacement chain in a hook-and-eye arrangement, with paddles, as described, is provided for in heading 7315. It is classifiable in subheading 7315.89.50, HTSUS. Articles classifiable in this provision are eligible for duty-free entry under heading 9817.00.60, HTSUS, upon compliance with applicable law and Customs Regulations. - 4 -

EFFECT ON OTHER RULINGS:

NY 830398, dated October 19, 1988, is hereby modified, and HQ 088358, dated March 1, 1991, is hereby revoked. In accordance with 19 U.S.C. 1625(c)(1), this ruling will become effective 60 days after its publication in the Customs Bulletin. Publication of rulings or decisions pursuant to 19 U.S.C. 1625(c)(1) does not constitute a change of practice or position in accordance with section 177.10(c)(1), Customs Regulations (19 CFR 177.10(c)(1)).

Sincerely,

John Durant, Director
Tariff Classification

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