HQ 950619: Motorcycle Drive Chain; Articulated Link; Roller; Parts; Subheading 8714.19.00

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 950619

                        February 3, 1992

CLA-2  CO:R:C:M  950619  CMS

CATEGORY: Classification

TARIFF NO.: 7315.11.00

John Pederson, President
Southern Motorcycle Supply, Inc.
7895 Convoy Court, Ste. 12
San Diego, CA 92111

RE: Motorcycle Drive Chain; Articulated Link; Roller; Parts;
    Subheading 8714.19.00

Dear Mr. Pederson:

     This is in response to your request dated October 3, 1991,
for a classification ruling on certain motorcycle chain under
the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

     The merchandise consists of motorcycle drive chain joined at
each end by a linkage pin to form a loop approximately three feet
in diameter.  The chain is comprised of linked segments of
plates, rollers and pins, and is used to transmit power from the
motorcycle engine to propel the cycle.

ISSUE:

     Is the merchandise classified as chain of iron or steel in
Heading 7315, or as parts of motorcycles in Heading 8714?

LAW AND ANALYSIS:

     The Harmonized Tariff Schedule of the United States (HTSUS)
provides that the classification of articles is governed by the
General Rules of Interpretation (GRI's).  GRI 1 states in
pertinent part that "...classification shall be determined
according to the terms of the headings and any relative section
or chapter notes...".






                               -2-


     Heading 7315 describes chain of iron or steel and parts
thereof.  Heading 8714 in part describes parts of motorcycles.

     Heading 8714 is a Section XVII heading.  Section XVII Note
2(b) states in part that for the purposes of Section XVII, the
expression "parts" does not cover "[p]arts of general use" of
base metal, as defined by Note 2 to Section XV.  Section XV Note
2 states that "parts of general use" includes articles of
Heading 7315.

     Thus, if the merchandise is an article of Heading 7315, it
is classified there and not as a "part" in Section XVII.  (See
also Additional U.S. Rule Of Interpretation 1(c), which states
that "...a provision for 'parts'...shall not prevail over a
specific provision for such part...").

     The Harmonized Commodity Description and Coding System
Explanatory Notes to Heading 7315, p. 1026, provide that the
heading covers chains, "...regardless of their dimensions,
process of manufacture or, in general, their intended use."  The
Explanatory Notes to Heading 7315 also provide at p. 1026 that
the heading specifically includes "[t]ransmission chains for
cycles..." (emphasis added).

     The motorcycle drive chain under consideration is
specifically described as chain of iron or steel in Heading
7315, and is classified as chain of iron or steel, articulated
link chain, roller chain, in subheading 7315.11.00, HTSUS.

HOLDING:

     The motorcycle drive chain under consideration is
specifically described as chain of iron or steel in Heading 7315,
and is classified as chain of iron or steel, articulated link
chain, roller chain, in subheading 7315.11.00, HTSUS, currently
dutiable at a Column 1 rate (not including antidumping duty) of
4.2 percent ad valorem.

     You also ask whether the merchandise is subject to
antidumping duty under the antidumping duty case for roller
chain.  You may request that an antidumping duty scope


                               -3-


determination be conducted by directing your request to the
Department of Commerce at the following address:

               Department of Commerce
               International Trade Administration
               Office of Antidumping Duty Compliance
               IA Central Records Unit, Rm. B-099
               Washington, D.C., 20230

               Attn.: Roland L. MacDonald
               Tel. No. (202) 377-4851



                              Sincerely,





                              John Durant, Director
                              Commercial Rulings Division