HQ 086222: Leaf Chain With Bolts Attached

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 086222

                                     April 2, 1990

            CLA-2 CO:R:C:G 086222 JAS

            CATEGORY: Classification

            TARIFF NO.: 7315.12.0020; 7315.12.0080

            Janet A. Forest, Esq.
            Webster & Sheffield
            2000 Pennsylvania Ave., N.W.
            Washington, D.C. 20006

            RE: Leaf Chain With Bolts Attached

            Dear Ms. Forest:

                 In your letter of January 4, 1990, as supplemented, on
            behalf of MHI Forklift America, Inc., you inquire as to the
            tariff classification of certain leaf chain from Japan.  Our
            ruling follows.

                 To expedite the administrative process, this decision will
            apply to the open entries which you state are currently pending
            at the port of Houston.  In the future, however, please note
            that the internal advice procedure applies in these
            circumstances.

            FACTS:

                 The merchandise in issue is carbon steel leaf chain with a
            bolt permanently attached to either one or both ends.  The
            chain is cut-to-length and requires no post-importation
            processing.  You state that the lifting mechanism of a forklift
            truck, called the mast, consists of an inside portion and an
            outside portion.  The inside portion is permanently attached to
            the frame of the truck, while the outside portion, fitted with
            lifting forks, buckets, platform, etc., slides vertically
            against the inside portion to raise and lower the load.  One
            end of this chain is either welded or bolted to an anchor plate
            on the truck's carriage while the other end is always bolted to
            the lift bracket on the mast.  In either case, the chain
            functions to transmit power from the truck's engine to the mast
            or lifting mechanism.

                 You state that the merchandise has been advanced beyond
            the status of chain provided for in chapter 73.  You maintain















                                       - 2 -

            that because it is cut to a specific length and has attachments
            dedicating it for use with a specific mast, it is provided for
            in heading 8431, a provision for parts suitable for use solely
            or principally with the machinery of headings 8425 to 8430.
            Actual classification would then be under the provision for
            parts suitable for use solely or principally with machinery of
            heading 8427 (fork-lift trucks), in subheading 8431.20.0000,
            Harmonized Tariff Schedule of the United States Annotated
            (HTSUSA).

            ISSUE(S):

                 Whether the leaf chain with permanent end attachment(s) is
            classifiable as chain in chapter 73, as a part suitable for use
            solely or principally with fork-lift trucks, or as a part of
            general use.

            LAW AND ANALYSIS:

                 Merchandise is classifiable under the HTSUSA in accordance
            with the General Rules of Interpretation (GRIs).  GRI 1 states
            that for legal purposes, classification shall be determined
            according to the terms of the headings and any relative section
            or chapter notes and, provided such headings or notes do not
            otherwise require, according to GRIs 2 through 6.  In addition,
            Explanatory Notes (ENs) constitute the Customs Cooperation
            Council's official interpretation of the Harmonized System.
            While not binding on the contracting parties, and therefore not
            dispositive, they provide a commentary on the scope of each
            provision in the Harmonized System and are thus useful in
            ascertaining the classification of merchandise under the
            system.  See T.D. 89-80.

                 The expression "parts of general use", applied to section
            XV, encompasses, among other things, articles of heading 7315.
            See Section XV, Note 2(a), HTSUS.  When presented separately,
            base metal parts of general use, as defined in this note, are
            precluded from classification in section XVI.  See Section XVI,
            Note 1(g), HTSUS.  Parts of general use presented separately
            are not considered parts of articles, but are classifiable in
            the headings of section XV appropriate to them.  See General
            ENs to Section XV, at p. 973.  Heading 8431 is in Section XVI.
            Therefore, if the chain in issue here qualifies as articles of
            heading 7315 it is precluded from classification in heading
            8431.  

















                                       - 3 -

                 Heading 7315 provides for chain and parts thereof, of iron
            or steel.  Relevant ENs indicate, at p. 1026, that the heading
            includes steel chains, among other, regardless of dimensions or
            intended use.  Lifting chains are among the types enumerated.
            Chains of heading 73.15 may be fitted with terminal parts or
            accessories (e.g., hooks, spring hooks, swivels, shackles,
            sockets, rings and split rings and tee pieces).  They [the
            chains] may or may not be cut to length, or obviously intended
            for particular uses.  In our opinion, hooks, swivels, etc. are
            terminal (end) parts that dedicate the chain to a particular
            use or enable the chain to perform a specific function.  In
            this case, the bolts attached to the leaf chain permit power to
            be transmitted from the lift truck's engine to the lifting
            mechanism.  The cited ENs support the conclusion that the leaf
            chain with bolts permanently attached to one or both ends, is
            provided for in heading 7315.  It is therefore precluded from
            classification in heading 8431.

            Holding:

                 Under the authority of GRI 1, the leaf chain in issue with
            bolt(s) permanently attached to one or both ends is provided
            for in heading 7315.  It is classifiable as other articulated
            link chain of iron or steel, either in subheading 7315.12.0020
            or in subheading 7315.12.0080, HTSUSA, depending on pitch and
            parts per pitch.  The rate of duty in either case is 4.2
            percent ad valorem.


                                        Sincerely,



                                        John Durant, Director
                                        Commercial Rulings Division