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NY D83724





November 10, 1998

CLA-2-73:RR:NC:1:117 D83724

CATEGORY: CLASSIFICATION

TARIFF NO.: 7315.89.5000

Mr. Brooks Wilbourn
Circle International, Inc.
5000 Linbar Drive, Suite 210
Nashville, TN 37211

RE: The tariff classification of kiln chain from China.

Dear Mr. Wilbourn:

In your letter dated October 15, 1998, on behalf of Magotteaux Corporation, you requested a tariff classification ruling. A representative sample of the chain's links was submitted with your request.

The item you plan to import is kiln chain. This chain is a steel cast link chain. It is constructed by molding half of the links separately and then placing them into another mold where steel is poured to connect the links by making a chain. This chain is used to move a kiln(containing molten steel) along in the manufacturing of steel grinding balls.

You suggest in your ruling request that the chain should be classified in 7315.89.30, the subheading for chain with links of essentially round cross sections. However, after reviewing the sample links you submitted, it has been determined that these links are not of a circular cross section. Although the links are round in shape like a circle, the cross section of the links best resembles the letter D, due to its internal flat surface. Customs ruled in HQ ruling 956395, dated June 6, 1994, that links of steel chain that are D-shaped in cross section are not considered essentially round in cross section.

The applicable subheading for the kiln chain will be 7315.89.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for chain and parts thereof, of iron or steel, other chain, other, other. The rate of duty will be 4.3 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Paula Ilardi at 212-466-5476.

Sincerely,

Robert B. Swierupski
Director,

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