HQ 954696

December 9, 1993

CLA-2 CO:R:C:M 954696 LTO

CATEGORY: Classification

TARIFF NO.: 7315.89.10; 7315.90.00; 7318.13.00; 7325.99.50;

7326.90.90; 7415.39.00; 7419.99.50; 7616.10.90;

8302.49.40; 8308.90.60; 8483.50.40

District Director

U.S. Customs Service

2nd and Chestnut Streets

Room 102

Philadelphia, Pennsylvania 19106-2999

RE: Protest No. 1101-93-100038; Base metal hardware items

(e.g., snap hooks, buckles, rings, dees, chains); HQ 954772;

U.S. v. Astra Trading Corp.; EN 73.15; EN 73.26; EN 83.02; EN

84.83; Additional U.S. Rule of Interp. 1(a)

Dear District Director:

The following is our decision regarding the request for

further review of Protest No. 1101-93-100038, which concerns the

classification of various hardware items, including snap hooks,

buckles, rings, dees and chains, under the Harmonized Tariff

Schedule of the United States (HTSUS). The subject merchandise

was entered on July 16, 1992, and the entry was liquidated on

October 23, 1992. The protest was timely filed on January 14,

1993\.

FACTS:

The articles are various hardware items, including snap

hooks, buckles, rings, dees and chains. The protestant contends

that the items are classifiable as base metal harness and

saddlery hardware, under subheading 8302.49.40, HTSUS. Your

office determined that the protestant did not prove that the

items were principally used in the harness and saddlery industry,

and were classifiable under subheading 7315.89.10 (chains),

8308.90.60 (buckles) and 7326.90.90 (snap hooks, rings, dees and

remaining articles), HTSUS.

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ISSUE:

Whether the various hardware items are classifiable as other

harness and saddlery or riding-bridle hardware, and parts

thereof, under subheading 8302.49.40, HTSUS.

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI\'s) to the HTSUS

govern the classification of goods in the tariff schedule. GRI 1

states in pertinent part that \"for legal purposes, classification

shall be determined according to the terms of the headings and

any relative section or chapter notes . . . .\"

In HQ 954772, dated August 25, 1993, this office considered

the classification of base metal buckles used for harness and

saddlery purposes. In this ruling, we held that the buckles were

classifiable under heading 8308, HTSUS, which provides for

\"buckles.\" We found that heading 8308, HTSUS, an eo nomine

provision, was preferred to heading 8302, HTSUS, which is a

provision of more general description. See U.S. v. Astra Trading

Corp., 44 CCPA 8, 11, C.A.D. 627 (1956).

Therefore, even if the items in question are covered by

heading 8302, HTSUS, any provision which describes the

merchandise at issue eo nomine must be preferred to this heading.

The buckles, according to HQ 954772, HTSUS, are classifiable

under heading 8308, HTSUS, specifically under subheading

8308.90.60, HTSUS.

With regard to the remaining articles, heading 7315, HTSUS,

provides for \"\[c\]hain and parts thereof, of iron or steel.\" The

Harmonized Commodity Description and Coding System Explanatory

Note (EN) to heading 7315, pg. 1026, states that the heading

\"covers chains of cast iron . . ., wrought iron or steel,

regardless of their dimensions, process of manufacture or, in

general, their intended use.\" Thus, the lead and curb chain are

classifiable under subheading 7315.89.10, HTSUS.

Heading 8483, HTSUS, provides for \"pulleys, including pulley

blocks . . . .\" EN 84.83, pg. 1327, states that \"\[p\]ulleys

consist of wheels, sometimes with a grooved rim, which transmit

rotary movement from one to another by means of an endless belt

or rope revolving in contact between them. The heading covers

simple pulleys, drums (wide pulleys), conical pulleys, stepped

pulleys, etc. \[emphasis in original\].\" Thus, the pulleys are

classifiable under heading 8483, HTSUS, specifically under

subheading 8483.50.40, HTSUS.

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The remaining articles (snap hooks, clips, clamps, rings,

dees, screw eyes, chain connectors, \"quick links\" and halter

hardware) are not provided for eo nomine in any heading. Thus,

it is necessary to consider whether these articles are

classifiable as base metal mountings, fittings and similar

articles for saddlery, under heading 8302, HTSUS.

EN 83.02, HTSUS, pg. 1118-9, states that the heading \"covers

general purpose classes of base metal accessory fittings and

mountings, such as are used largely on furniture, doors, windows,

coachwork, etc.\" EN 83.02, pg. 1120, further states that heading

8302, HTSUS, includes \"\[f\]ittings and similar articles for

saddlery, such as bits, curbs, saddle-bows, stirrups; trace

harness or rein rings; horse-brasses and other fittings for

harness.\"

Additional U.S. Rule of Interpretation 1(a) provides as

follows:

a tariff classification controlled by use (other than

actual use) is to be determined in accordance with the

use in the United States at, or immediately prior to,

the date of importation, of goods of that class or kind

to which the imported goods belong, and the controlling

use is the principal use.

Thus, the remaining articles can only be classified under

heading 8302, HTSUS, if they are principally used in the harness

and saddlery industry. It is our opinion that the articles

listed as halter hardware are the only articles that are

demonstrably saddlery hardware. Because the halter hardware is

not more specifically provided for elsewhere, it is classifiable

under subheading 8302.49.40, HTSUS.

However, the snap hooks are not principally used in the

saddlery industry. While \"snap hooks\" are not specifically

provided for in any heading, EN 73.26, pg. 1037, states that

heading 7326, HTSUS, which provides for other articles of iron or

steel, includes \"snap hooks for all purposes.\" Accordingly, the

snap hooks of iron or steel are classifiable under subheading

7326.90.90, HTSUS, while those of cast iron are classifiable

under subheading 7325.99.50, HTSUS. Copper snap hooks are

classifiable under subheading 7419.99.50, HTSUS, and zinc snap

hooks are classifiable under subheading 7907.90.60, HTSUS.

Wire rope clips and wire rope clamps are general purpose

articles used in various areas, such as fencing, to clip together

wire rope. Swivels, rings and dees are used in various places,

including luggage and clothing. The wire rope clips, wire rope

clamps, swivels, rings, dees and screw eyes are not dedicated to

saddlery. Thus, it is our opinion that these articles, with the - 4 -

exception of the screw eyes, are classifiable, according to their

constituent materials, in the same subheadings as the snap hooks.

The screw eyes are also classifiable according to their

constituent material. Iron or steel screw eyes are classifiable

under subheading 7318.13.00, HTSUS, copper screw eyes are

classifiable under subheading 7415.39.00, HTSUS, and aluminum

screw eyes are classifiable under subheading 7616.10.90, HTSUS.

Chain connectors and \"quick links\" are individual links used

to connect lengths of chain together. EN 73.15, pg. 1026, states

that \"\[i\]ron or steel parts of chains specialised as such e.g.,

side links, rollers, spindles, etc., for articulated chain, links

and shackles for non-articulated chain, also fall in this

heading.\" Thus, these articles are also classifiable under

heading 7315, HTSUS, specifically under subheading 7315.90.00,

HTSUS.

HOLDING:

The buckles are classifiable under subheading 8308.90.60,

HTSUS.

The chains are classifiable under subheading 7315.89.10,

HTSUS.

The pulleys are classifiable under subheading 8483.50.40,

HTSUS.

The halter hardware is classifiable under subheading

8302.49.40, HTSUS.

The iron or steel snap hooks, wire rope clips, wire rope

clamps, swivels, rings and dees are classifiable under subheading

7326.90.90, HTSUS. The cast iron snap hooks, wire rope clips,

wire rope clamps, swivels, rings and dees are classifiable under

subheading 7325.99.50, HTSUS. The copper snap hooks, wire rope

clips, wire rope clamps, swivels, rings and dees are classifiable

under subheading 7419.99.50, HTSUS. The zinc snap hooks, wire

rope clips, wire rope clamps, swivels, rings and dees are

classifiable under subheading 7907.90.60, HTSUS.

The iron or steel screw eyes are classifiable under

subheading 7318.13.00, HTSUS. The copper screw eyes are

classifiable under subheading 7415.39.00, HTSUS. The aluminum

screw eyes are classifiable under subheading 7616.10.90, HTSUS.

The chain connectors and \"quick links\" are classifiable

under subheading 7315.90.00, HTSUS.

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The protest should be denied with regard to the following

articles, because they were either classified correctly upon

liquidation, or the classification this office determined to be

correct results in the same or greater rate of duty than that

applicable to the liquidated provision: buckles; chains;

pulleys; snap hooks, rings, dees, wire rope clips, wire rope

clamps and swivels of iron or steel, cast iron or zinc; screw

eyes or iron or steel, copper or aluminum; chain connectors and

quick links. However, the protest should be granted with regard

to the snap hooks, rings, dees, wire rope clips, wire rope clamps

and swivels of copper, and the halter hardware.

In accordance with section 3A(11)(b) of Customs Directive

099 3550-065, dated August 4, 1993, Subject: Revised Protest

Directive, this decision, together with the Customs Form 19,

should be mailed by your office to the protestant no later than

60 days from the date of this letter. Any reliquidation of the

entry in accordance with the decision must be accomplished prior

to the mailing of the decision. Sixty days from the date of the

decision the Office of Regulations and Rulings will take steps to

make the decision available to Customs personnel via the Customs

Rulings Module in ACS and the public via the Diskette

Subscription Service, Lexis, Freedom of Information Act and other

public access channels.

Sincerely,

John Durant, Director