HQ 084535: Reconsideration of New York ruling 838496

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                       HQ 084535

                                    August 14, 1989

            CLA-2 CO:R:C:G  084535  VEA

            CATEGORY:  Classification

            TARIFF NO.: 7315.11.00

            Warren Loewen
            General Manager
            Loewen Manufacturing
            Co., Ltd.
            Box 820
            Altona, Manitoba
            ROG OBO

            Re: Reconsideration of New York ruling 838496

            Dear Mr. Loewen:

                   Your letter of  May 5, 1989, requests reconsideration of
            a New York ruling dated April 5, 1989 (File 838496), which
            classified a combine feeder assembly in subheading 7315.11.0020
            of the Harmonized Tariff Schedule of the United States
            Annotated (HTSUSA).

            FACTS:

                   The combine feeder assembly consists of three parts, a
            roller chain, slats and fasteners.  The roller chains are
            purchased from Japan, Taiwan, or the United States.  The  slats
            are made in Canada from Canadian steel, and the  fasteners are
            also purchased from Japan, Taiwan, or Canada.  These articles
            are made of non-alloy steel and are used in a combine feeder
            assembly, which fits into a combine feeder housing.  Combine
            feeder assemblies are used by farmers, farm machinery dealers,
            farm stores and farm part distributors in machines that are
            used to harvest grain.

                   Each feeder chain is composed of two parallel lengths of
            roller chain to which are fastened slats at regular intervals.
            For each feeder chain, the spacing of the slats, as well as the
            width between the lengths of roller chain is specifically
            designed for a particular combine model or models.  The
            importer states that the feeder chains can only be used in
            combines to convey or drag grain away from the cutter assembly
            of a harvesting combine.















                                         - 2 -


                   Our New York office classified the feeder chain in
            subheading 7315.11.0020 as a roller chain of not over 50 mm
            pitch and containing more than 3 parts per pitch.  You disagree
            with this classification, claiming that these are agricultural
            products classifiable in heading 8433.  You argue that the
            feeder chain assembly is not a roller chain, because roller
            chains do not have attachments and are used on a specific model
            of combine.

            ISSUE:

                   Whether feeder chain assemblies are roller chains of
            iron or steel classified in heading 7315, subheading
            7315.11.00; or parts of harvesting or threshing machinery
            classified in heading 8433, subheading 8433.90.50.

            LAW AND ANALYSIS:

                   Classification under the HTSUSA is governed by the
            General Rules of Interpretation (GRIs), the legal principles by
            which merchandise is classified.  GRI 1 states, in part, that
            the primary consideration in determining whether merchandise
            should be classified in a heading should be given to the
            language of the heading and to any relevant chapter or section
            notes.   The headings at issue provide:

                   7315     Chain and parts thereof, of iron or steel:
                                Articulated link chain and parts thereof:

                   *      *    *     *    *    *    *    *    *    *    *

                   7315.11.00        Roller Chain

                   *     *    *    *    *    *    *    *    *   *   *   *

                   8433     Harvesting or threshing machinery, including
                            straw or fodder balers; grass or hay mowers;
                            machines for cleaning, sorting or grading eggs,
                            fruit or other agricultural produce, other than
                            machinery of heading 8437; parts thereof:

                   If these articles are classified as roller chains in
            heading 7315, they are precluded from classification in Section
            XVI, heading 8433.  Note 1(g), Section XVI states that this
            section does not cover parts of general use, as defined in note
            2 to Section XV, of base metal (section XV), or similar goods
            of plastics (chapter 39).  Note 2 to Section XV states that
            throughout the tariff schedule, the expression "parts of
            general use" means articles of heading 7307, 7312, 7315, 7317












                                         - 3 -


            or 7318 and similar articles of other base metals.

                   Classification in heading 7315 requires that the article
            be a chain or a part of a chain.  The Explanatory Notes (ENs)
            for 7315 state that this heading covers chains of cast iron
            (usually malleable cast iron), wrought iron or steel,
            regardless of their dimensions, process of manufacture, or in
            general, their intended use.  The merchandise in this case
            consists of a roller chain and two attachments (slats and
            fasteners).  The argument that this merchandise cannot be a
            roller chain because the feeder chain in this case has
            attachments, and normally roller chains do not have
            attachments, is without merit.

                   Roller chains do come equipped with attachments.  A
            handbook on chains published by the American Chain Association,
            Chains for Power Transmission and Material Handling: Design and
            Applications Handbook, notes in referring to a  type of roller
            chain, a straight sidebar steel fabricated roller chain, that
            these chains are furnished with a wide variety of attachments,
            although the types designed for use with flights or slats are
            probably encountered most often.  Thus, not only are some
            roller chains equipped with attachments, the attachment is
            often a slat.  The slats on a straight sidebar steel fabricated
            roller chain are mounted over roller pins and eliminate straw
            and dirt build-up and prevents the chain from stretching.  The
            slats that accompany the feeder chains in this case also
            perform a similar function.   A brochure submitted with the
            ruling request states that the special slat design of the
            Loewen replacement feeder chains eliminates the plugging up of
            your combine by more effectively feeding the material into  the
            cylinder.  The American Chain Association Handbook also states
            that roller chains perform the specific function of conveying.
            The feeder chains at issue are designed to convey or drag grain
            away from the cutter assembly of a harvesting combine.

                   You argue that the completed feeder chain can only be
            used on a specific model of combine.  However, this would not
            prevent these articles from being classified in heading 7315.
            According to the ENs for this heading, chains are classified in
            this heading regardless of their intended use.   Since these
            articles are classified in heading 7315, they are precluded
            from classification in heading 8433.
















                                         - 4 -


            HOlDING:

                   Feeder chain assemblies are roller chains of iron or
            steel classified in heading 7315, subheading 7315.11.00,
            HTSUSA.



                                      Sincerely,




                                      John Durant, Director
                                      Commercial Rulings Division