HQ 958562

APRIL 19, 1996

CLA-2 RR:TC:MM 958562 JAS

CATEGORY: Classification

TARIFF NO.: 7315.12.00, 7315.82.30, 7315.82.50, 7315.89.50,

9817.00.50

Mr. William J. LeClair

Trans-Border Customs Services, Inc.

P.O. Box 800

Champlain, NY 12919

RE: Barn Cleaner Chain, Chain With Welded Paddles, 7/8 inch 0

Chain, Pintle

Chain, Hook-and-Eye Chain, Links With Welded Paddles;

Parts Used With Barn

Cleaning Apparatus, Heading 7315; Parts to be Used in

Articles Provided for

in Heading 8436, Heading 9817.00.60; HQ 088999, HQ

958875

Dear Mr. LeClair:

Your letter to the then Area Director of Customs, New

York Seaport, dated September 5, 1995, on behalf of J. Houle &

Fils, Inc., has been referred to this office for reply. Your

inquiry concerns the tariff classification of steel barn cleaner

replacement chain and parts made in Canada. Descriptive

literature was submitted.

FACTS:

The inquiry concerns three types of steel chain with

paddles, and individual chain links to which a paddle is welded.

The first article consists of 7/8 inch 0 chain, which consists of

interlocking oval-shaped links, each round in cross section,

made of 7/8 inch steel rod; the second article is pintle chain,

which consists of barrel-shaped links connected by steel pins or

pintles; and hook-and-eye chain, each link being rectangular in

cross section, and having a J shape at one end and the other end

looped or closed. All are in 21 ft. lengths and have 12 inch-long
u-shaped iron shapes or paddles welded at 18-inch intervals.

Some chains have only 2 such paddles. These chains operate in

continuous rotation in dairy barns in connection with a motor,

drive shaft and clutch pulley to sweep cow manure down a gutter

onto a ramp outside the barn which empties into a manure

spreader. Also in issue are individual chain links to which a u-shaped
iron paddle is welded.

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The provisions under consideration are as follows:

7315 Chain and parts thereof, of iron or

steel:

Articulated link

chain and parts thereof:

7315.12.00 Other

chain\...3.4 percent ad valorem

7315.19.00 Parts\...2.5

percent ad valorem

Other chain:

7315.82 Other, welded link:

Of iron or nonalloy steel:

7315.82.50

Not over 10 mm in diameter\...0.9 percent ad valorem

7315.82.70

Over 10 mm in diameter\...Free

7315.89 Other:

7315.89.50 Other\...5.3

percent ad valorem

7315.90.00 Other parts\...4.6 percent ad

valorem

9817.00.60 Parts to be used in articles provided for in

headings 8432, 8433,

8434 and 8436, whether or not such parts are

principally used as

parts of such articles and whether or not

covered by a specific

provision within the meaning of additional U.S.

rule of

interpretation 1(c)\...Free

ISSUE:

Whether lengths of barn cleaner replacement chain with

welded paddles, as described, are chain of heading 7315.

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LAW AND ANALYSIS:

Merchandise is classifiable under the Harmonized Tariff

Schedule of the United States (HTSUS) in accordance with the

General Rules of Interpretation (GRIs). GRI 1 states in part

that for legal purposes, classification shall be determined

according to the terms of the headings and any relative section

or chapter notes, and provided the headings or notes do not

require otherwise, according to GRIs 2 through 6.

Initially, heading 7315 describes an article or class of

articles eo nomine, by name. In the absence of contrary

legislative intent, judicial decision, or administrative

practice, an unlimited eo nomine designation will include all

forms of the named article. Chain is typically used for conveying

and power transmission applications. The

presence of paddles welded at regular intervals on this chain

simply increases the area or amount of material the chain can

convey. Such chain is still routinely bought and sold and

regarded commercially as \"chain.\"

The types of chain enumerated in the provisions of heading

7315 are described in the American Chain Association\'s design and

applications handbook Chains for Power Transmission and Material

Handling, Marcel Dekker, Inc. (1982). The HTS provisions for

articulated link chain encompass roller chain and other

articulated link chain. Articulated chain consists of segments

united by joints such as pins. The pintle chain, as described,

is articulated for tariff purposes, but is not regarded as a type

of roller chain because roller chain is made up of two kinds of

links, roller links, which is an assembly of two roller link

plates, two bushings and two rollers, and pin links which are

assemblies of two pin link plates and two pins. Pintle chain is

provided for as other articulated link chain. The 7/8 inch 0

chain, as described, is provided for as welded link chain of

nonalloy steel, The links of hook-and-eye chain are united by

looping the J end of one link through the closed end of another

link. Such chain is not articulated for tariff purposes, but is

provided for as other chain. See HQ 958875, dated April 17,

1996\.

To be eligible for duty-free entry under heading 9817.00.60,

a good must not be excluded by a U.S. legal note in Chapter 98,

Subchapter XVII; it must be a part to be used in an article that

performs the agricultural or horticultural pursuit in question;

and the good must have the required actual use certificate. See

HQ 088358, dated March 1, 1991. Chapter 98, Subchapter XVII,

U.S. Note 2(ij), precludes articles of Chapter 73 from

classification in heading 9817.00.50. However, Note 2(ij)

further states that articles provided for in subheadings 7315.81

through 7315.89, among other subheadings, are not subject to this

exclusion.

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Thus, both the pintle chain and the individual links of such

chain with welded paddles are precluded from heading 9817.00.60.

However, the 7/8 inch 0 chain and the hook-and-eye-chain,

together with their respective links with welded paddles, are

eligible for classification under that heading, if otherwise

qualified.

The barn cleaner replacement chain is a part or component of

apparatus used to remove manure from dairy barns. It is not

machinery, equipment and implements for purposes of heading

9017.00.50; rather, it is a part for tariff purposes. An

importation of barn cleaner replacement chain, as described, plus

motor, drive shaft, and clutch pulley, imported assembled or

unassembled, would be considered agricultural machinery of

heading 8436. This is because the removing of animal wastes and

other noxious materials from dairy barns for health or sanitary

reasons bears a sufficient relationship to the care and

maintenance of livestock for food and clothing as to qualify as a

legitimate agricultural pursuit for tariff purposes. See HQ

088999, dated October 15, 1991. Therefore, the 7/8 inch 0 chain

and the hook-and-eye chain, together with their respective links

with welded paddles, qualify as parts to be used in articles

provided for in heading 8436.

HOLDING:

Under the authority of GRI 1, barn cleaner replacement chain

with welded paddles, as described, is provided for in heading

7315\. Such chain of the pintle type is classifiable in

subheading 7315.12.00, HTSUS, and the links of this chain with

welded paddles are classifiable in subheading 7315.19.00, HTSUS.

Such chain and its paddles are not eligible for classification in

heading 9817.00.60, HTSUS.

Barn cleaner replacement 0 chain with welded paddles, as

described, is classifiable in subheadings 7315.82.50 or

7315.82.70, HTSUS, as appropriate, and the barn cleaner

replacement chain with welded paddles, in a hook-and-eye

arrangement, as described, is classifiable in subheading

7315.89.50, HTSUS. Links of 0 chain with welded paddles and

links of hook-and-eye chain with welded paddles are both

classifiable in subheading 7315.90.00, HTSUS. Both types of

chain, together with their respective links with welded paddles,

are eligible for duty-free entry under heading 9817.00.60, HTSUS,

upon compliance with the actual use requirements of 19 CFR

10.138.

Sincerely,

John Durant, Director

Tariff Classification

Appeals Division