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HQ 959658




NOVEMBER 6, 1996

CLA-2 RR:TC:MM 959658 JAS

CATEGORY: CLASSIFICATION

TARIFF NO.: 7315.89.50

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

RE: HQ 958875 Modified, 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

Dear Mr. Cantwell:

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 the proposed modification HQ 958875, dated April 17, 1996, was published on October 2, 1996, in the Customs Bulletin, Volume 30, Number 40.

FACTS:
As stated in HQ 958875, the barn cleaner replacement chain is iron or steel chain in a hook-and-eye arrangement 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. Chain of this type operates in continuous rotation in dairy barns in connection with a motor, drive shaft and clutch pulley to sweep away animal wastes.

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

8428 Other lifting, handling, loading or unloading machinery...:

8428.90.00 Other machinery...1.2 percent ad valorem

8436 Other agricultural, horticultural, forestry, poultry-keeping or bee-keeping machinery... poultry incubators and brooders...:

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 eligible for duty-free entry under heading 9817.00.60. - 3 -

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 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 official interpretation of the Harmonized System. While not legally binding, 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 ENS should always be consulted. See T.D. 89-80, 54 Fed. Reg. 35127, 35128 (Aug. 23, 1989).

For the reasons stated in HQ 958875, the barn cleaner replacement chain remains classifiable in subheading 7315.89.50, HTSUS, as other chain and parts thereof, of iron or steel. However, it is not eligible for classification in heading 9817.00.60, HTSUS. While we stated in HQ 958875 that 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, we failed to consider that it was also material handling machinery of heading 8428. Incidentally, the chain cannot be classified as a part of handling machinery because articles of heading 7315 are "parts of general use" and are excluded from Chapter 84 by virtue of Note 1(g) to Section XVI.

Relevant ENS at p. 1218, under (d) exclude from heading 84.36 pneumatic or "blower" type elevators; winches for uprooting, dragging or loading trees, logs, etc.; and other hoisting, handling or conveying equipment (heading 84.25, 84.26 or 84.28). Because the cited ENS eliminate heading 8436 from consideration when in competition with heading 8428, the barn cleaner replacement chain is not a part to be used in agricultural machinery of heading 8436. Therefore, it is not eligible for duty-free entry under heading 9817.00.60, HTSUS.

HOLDING:

Under the authority of GRI 1, the barn cleaner replacement chain with welded paddles, as described, is provided for in heading 7315. It remains classifiable in subheading 7315.89.50, HTSUS. However, for the reasons stated, this chain is not eligible for classification in heading 9817.00.60, HTSUS.

HQ 958875 is modified according. 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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