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HQ 964050




October 29, 2001

CLA-2 RR:CR:GC 964050 KBR

CATEGORY: CLASSIFICATION

TARIFF NO.: 7325.99.50; 7326.90.85

Port Director
U.S. Customs Service
2350 North Sam Houston Parkway East, Suite 1000 Houston, TX 77032-3216

RE: Protest 5301-99-100246; Spelter Sockets; Turnbuckles

Dear Port Director:

This is our decision on Protest 5301-99-100246, filed on behalf of Elite Sales, Inc., concerning the classification, under the Harmonized Tariff Schedule of the United States (HTSUS), of wire rope galvanized spelter sockets and turnbuckles. The entry was liquidated on August 6, 1999, and this protest was timely filed on August 9, 1999.

FACTS:

Three types of products are involved in this decision: wire rope galvanized open spelter sockets, wire rope galvanized closed spelter sockets and drop forged galvanized turnbuckles. Pictures of the spelter sockets were submitted. Spelter sockets are ‘connectors’ or ‘attachments’ placed at the end of a wire rope so the rope can be connected to other wire ropes, pad eyes, or equipment. An open spelter socket has an end which can be opened to make the connection. The closed spelter socket has a solid loop end as a connector. A turnbuckle is a connector which has two threaded end connectors attached to a body which, when turned, allows the connection to be tightened or loosened as required. The spelter sockets and turnbuckles were imported in various sizes. The spelter sockets sized through 1 ¼ inch are forged steel. The spelter sockets sized from 1 ½ inches through 4 inches are cast alloy steel.

The articles were originally entered under subheading 7312.10.90, HTSUS, and the entry liquidated under this provision. The entry was reliquidated under subheading 7326.90.85, HTSUS, under the authority of section 173.3, Customs Regulations (19 CFR §173.3). The protestant asserts the correct classification of the articles is under subheading 8431.10.0090, HTSUS. The protestant also claims the goods were misclassified as a result of a clerical error or mistake of fact under 19 U.S.C. 1520(c)(1).

ISSUE:

What is the classification of wire rope galvanized spelter sockets and turnbuckles?

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). The systematic detail of the HTSUS is such that virtually all goods are classified by application of GRI 1, that is, according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs may then be applied.

In interpreting the headings and subheadings, Customs looks to the Harmonized Commodity Description and Coding System Explanatory Notes (EN). Although not legally binding, they provide a commentary on the scope of each heading of the HTSUS. It is Customs practice to follow, whenever possible, the terms of the ENs when interpreting the HTSUS. See T.D. 89-90, 54 Fed. Reg. 35127, 35128 (August 23, 1989).

The HTSUS headings under consideration are as follows:

7312 Stranded wire, ropes, cables, plaited bands, slings and the like, of iron or steel, not electrically insulated:

Stranded wire, ropes and cables:

Other:

7312.10.90 Other

Other cast articles of iron or steel:

Other:

Other:

Other

Other articles of iron or steel:

Other:

Other:

Other:

Other

Parts suitable for use solely or principally with the machinery of headings 8425 to 8430:

8431.10.00 Of machinery of heading 8425

Under 19 U.S.C. 1520(c)(1), customs may reliquidate an entry to correct a clerical error, mistake of fact, or other inadvertence, not amounting to an error in the construction of a law. In this case, the protestant has not shown a clerical error. Further, the record does not show that the protestant believes that the import specialist has mistaken the facts involved in this case. The record does not show that the protestant is claiming that the import specialist mistook what articles were being classified. The protestant is merely claiming that the classification was incorrect. That is a claim of a mistake of law, requiring a protest under 19 U.S.C. §1514(a)(2). We are treating this protest as such.

The articles were first entered under subheading 7312.10.90, HTSUS, which provides for stranded wire, ropes and cables. However, spelter sockets and turnbuckles are not the wires, ropes and cables, but are articles which would be attached to the wires, ropes and cables. Therefore, subheading 7312.10.90, HTSUS, is inapplicable.

The protestant believes the correct classification of the articles is in subheading 8431.10.00, HTSUS, as parts of hoists and jacks of heading 8425, HTSUS. The protestant claims that the articles will be “fit on the hoists and jacks to attach to the cables and ropes.” However, subheading 8431.10.00, HTSUS, is a parts provision which requires that the part must be for use “solely or principally” with the referenced machinery. See Section XVI Note 2(b). Webster’s Third New World International Dictionary of the English Language Unabridged (1986), defines “part” as an essential portion or integral element of something. McGraw-Hill Dictionary of Scientific and Technical Terms (3rd ed. 1984), defines “part” as an element of a subassembly that is not normally useful by itself.

The Court of International Trade stated in MITA Copystar America, Inc. v. United States, 21 CIT 611, 966 F. Supp. 1245 (CIT 1997), an article legally constitutes a “part” where it is “an integral, constituent, or component part, without which the article to which it is to be joined could not function as such article.” (quoting Bauerhin Tech. Ltd. v. United States, 110 F.3d 774 at 778 (Fed. Cir. 1997)). MITA Copystar states further that “an imported item dedicated solely for use with another article is a ‘part’ of that article within the meaning of the HTSUS.” However, in this case, sockets and turnbuckles are generic equipment that can be used in assorted ways by assorted machines. See e.g., EN 73.26(1) “turnbuckles for bracing fencing wires”. Jacks and hoists are normally sold without turnbuckles and similar devices and are capable of operating without having such goods attached to them. Since sockets and turnbuckles are not dedicated solely or principally as a part for hoists and jacks, subheading 8431.10.00, HTSUS, is inapplicable.

The information provided indicates that the spelter sockets are made of either galvanized forged steel or galvanized cast alloy steel depending on their size. Although there was no information provided to define what is meant by the use of “spelter”, since “spelter” is defined as “zinc”, according to Webster’s Third New World International Dictionary of the English Language Unabridged (1986), it appears that this term refers to the galvanization or zinc-coating of the steel. Subheading 7325.99.50, HTSUS, provides for other cast articles of iron or steel. The sizes of the spelter sockets which are “cast” are classifiable in this basket provision.

The spelter sockets which are forged, and the forged turnbuckles, are galvanized. The galvanization process is a ‘further working’ of the steel, making subheading 7326.19.00, HTSUS, inapplicable. Customs has previously found that steel turnbuckles are classifiable in subheading 7326.90.85, HTSUS. NY A89328 (November 13, 1996). Therefore, the galvanized forged spelter sockets and galvanized forged turnbuckles are classifiable in subheading 7326.90.85, HTSUS, as other articles of iron or steel.

HOLDING:

In accordance with the above discussion, the galvanized spelter sockets which are “cast” are classified in subheading 7325.99.50, HTSUS, as other cast articles of iron or steel. The galvanized forged spelter sockets and galvanized forged turnbuckles are classifiable in subheading 7326.90.85, HTSUS, as other articles of iron or steel.

The protest should be DENIED. In accordance with Section 3A(11)(b) of Customs Directive 099 3550-065, dated August 4, 1993, Subject: Revised Protest Directive, you are to mail this decision, together with the Customs Form 19, to the protestant no later than 60 days from the date of this letter. Any reliquidation of the entry or entries in accordance with the decision must be accomplished prior to mailing the decision.

Sixty days from the date of the decision, the Office of Regulations and Rulings will make the decision available to Customs personnel, and to the public on the Customs Home Page on the World Wide Web at www.customs.gov, by means of the Freedom of Information Act, and other methods of public distribution.

Sincerely,

John Durant, Director
Commercial Rulings Division

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