us-cbp-cross-rulings-hq-082779•HQ 082779: Decision on Application for Further Review of Protest No. 2904-7-000280, November 10, 1987
HQ 082779: Decision on Application for Further Review of Protest No. 2904-7-000280, November 10, 1987
us-cbp-cross-rulings-hq-082779HQ 082779: Decision on Application for Further Review of Protest No. 2904-7-000280, November 10, 1987Guidance
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 082779
October 31, 1988
CLA-2 CO:R:C:G 082779 AS
CATEGORY: Classification
TARIFF NO.: Item No. 660.00 664.08 TSUS
District Director of Customs
Federal Building, Room 198
N.W. Broadway & Glisan Streets
Portland, Oregon 97209
RE: Decision on Application for Further Review of Protest
No. 2904-7-000280, November 10, 1987
Dear Sir:
This protest was filed against your decision in the
liquidation of entry No. 331-3869587-0 of August 14, 1987,
liquidated on October 16, 1987. Protest was timely filed and
forwarded to Headquarters for further review on the basis that
the protest involves "questions which have not been the subject
of a Headquarters ruling or court decision."
FACTS:
The merchandise involved is the McConnel Basic Digger, and
a 16 inch bucket, a 13 inch bucket, a 140 MM trenching bucket and
a 1.2 M RH head for use with the digger. The M190 is a
hydraulically operated backhoe. It is a fully self contained
device which is designed to be attached to the PTO of 17 hp
compact tractors. Protestant asserts that the equipment should
be classified under item 666.00, Tariff Schedules of the United
States (TSUS), as agricultural implements rather than your
classification as excavating and levelling machinery and parts
under item 664.08, TSUS.
ISSUE:
The issue is whether the articles are classifiable as
agricultural implements.
LAW AND ANALYSIS:
Protestant makes two arguments in favor of classification
as an agricultural implement under item 666.00, TSUS. It is
claimed that the entered equipment is an entirety, and the
equipment is too small for industrial application.
- 2 -
Both claims must fail. The doctrine of entireties does not
apply where the imported article is not imported with the article
with which it is claimed to be an entirety. United States v.
Baldt Anchor, Chain & Forge Division of the Boston Metals Co. et
al., 59 CCPA 122, C.A.D. 1051, 459 F.2d 1403 (1972). The
equipment now under consideration was imported separately from
the compact tractor.
A machine must be shown to be chiefly used for agricultural
purposes to qualify for classification under item 666.00, TSUS.
Staalkat of America, Inc. v. United States, 56 CCPA 86, C.A.D.
959, 417 F.2d 789 (1969). Chief use is that use which exceeds
all other uses combined. General Headnote 10(e)(i), TSUS.
Protestant has not shown the chief use of the articles. The
unsupported statement that the equipment is too small for indus-
trial applications falls far short of the proof necessary to show
chief use. In fact, the literature submitted indicates that the
equipment is ideally suited for use by contractors for small
earth moving jobs such as burying water and gas supply lines and
preparing and finishing construction sites.
HOLDING:
The equipment is properly classifiable under item 664.08,
TSUS. You should deny the protest in full. A copy of this
decision should be attached to the Form 19 Notice of Action to be
sent to the protestant.
Sincerely,
John Durant, Director
Commercial Rulings Division
CO:R:C:ASCHIFFLIN:JH:9/28/88:fnl:9/30
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