HQ 959577

FEBRUARY 11, 1997

CLA-2 RR:TC:MM 959577 JAS

CATEGORY: Classification

TARIFF NO. 7308.90.95, 8414.90.10, 8431.39.00

Port Director of Customs

110 South 4th. St.

Minneapolis, MN 55401

RE: PRD 3501-95-100266; Poultry-Keeping Machinery Imported in Separate
Shipments; Poultry Incubators and Brooders, Heading

8436 ; Wire Cages, Automatic Feeding Devices, Manure Removing Apparatus;
Articles Imported Unfinished and Unassembled, Essential Character, GRI
2(a); Parts, Heading 8431; Section XVI, Note 2, Nidec Corporation v.
United States, S.G.B. Scaffolding and Shoring Co., Inc. v. United
States, HQ 952143

Dear Port Director:

This is our decision on Protest 3501-95-100266, filed

against your classification of parts and components of poultry-keeping
machinery imported in separate shipments. The entries

under protest were liquidated on April 28, 1995, and this protest

timely filed on July 26, 1995.

FACTS:

The merchandise in issue constitutes what counsel for the

protestant refers to as an integrated poultry-keeping system (to

produce eggs, breed birds, and rear pullets from infancy to

maturity). The parts and components of this system were imported

unassembled in multiple shipments. A packing list for one of the

fifteen (15) shipping containers in which the merchandise arrived

lists ninety four (94) individual parts and components, among

which are banks of laying cages of iron or steel wire mesh, the

merchandise in issue includes components which mechanically

deliver feed and water to the cages, a whisk aerator for manure

drying, cleaning and removing manure, components which provide

air circulation or temperature control and fresh air, belt

conveyor segments which transport eggs from individual cages to

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loading facilities for further processing or for sale. Also

covered are miscellaneous articles such as egg grader/packer

pipes, springs, straps, screws channels and brackets.

The merchandise was entered free of duty under provisions of

heading 8436, either as poultry incubators and brooders, as other

poultry-keeping machinery, or as parts thereof, as appropriate.

Your office liquidated the entries under protest under the most

specific provisions deemed appropriate, i.e., heading 7308,

structures and parts thereof, of iron or steel, for the cages,

heading 8414 for the whisks/aerators which you considered to be

parts of fans, and heading 8431 for parts of conveyors.

The provisions under consideration are as follows:

7308 Structures\...and parts of structures, of iron

or steel:

7308.90 Other:

7308.90.95 Other

\* \* \* \*

8414 \[a\]ir or other gas compressors and fans;\...:

8414.90 Parts:

8414.90.10 Other

\* \* \* \*

8431 Parts suitable for use solely or principally with the machinery of
headings 8425 to 8430:

Of machinery of heading 8428

8431.39.00 Other

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\* \* \* \*

8436 Other\...poultry-keeping machinery: poultry incubators and
brooders; parts thereof:

Poultry-keeping machinery; poultry incubators and brooders:

8436.21.00 Poultry incubators and brooders

8436.29.00 Other

Parts:

8436.91.00 Of poultry-keeping machinery or poultry incubators and
brooders

ISSUE:

Whether components of the poultry system in any one shipment

constitute an unfinished agricultural machine or part provided

for in heading 8436, entered unassembled.

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.

Counsel\'s primary claims are as unfinished poultry

incubators or brooders or as other poultry-keeping machinery,

imported unassembled, pursuant to General Rule of Interpretation

(GRI) 2(a), Harmonized Tariff Schedule of the United States

(HTSUS). The claims are based on the fact that none of the

components are designed or intended to function independently or

to be sold separately; each is dedicated for use solely with or

in a poultry \"system\" designed for egg production and poultry

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breeding/rearing. Alternatively, counsel maintains the parts or

components should be classified as parts of poultry incubators

and brooders or of poultry-keeping machinery. Counsel also cites

GRI 3(a) as authority for the proposition that the goods here are

prima facie classifiable under two or more headings and that

heading 8436 provides the most specific description for these

components than do headings providing a more general description.

Finally, counsel contends that under GRI 3(b) the essential

character of the components that comprise the entire system is as

poultry-keeping machinery of heading 8436.

We agree that under GRI 2(a), HTSUS, an incomplete or

unfinished article entered unassembled, may be classified as if

it were the finished or complete article provided that, as

imported, it has the essential character of the finished or

complete article. In this case, however, it has not been

demonstrated to what extent the components imported in each

shipment, or in several shipments imported on the same calendar

day, possess the essential character of a good of heading 8436,

as required by GRI 2(a).

Subject to certain exceptions that are not relevant here,

goods that are identifiable as parts of machines or apparatus of

Chapter 84 or Chapter 85 are classifiable in accordance with

Section XVI, Note 2, HTSUS. See Nidec Corporation v. United

States, 861 F. Supp. 136, aff\'d. 68 F. 3d 1333 (1995). Parts

which are goods included in any of the headings of Chapters 84

and 85 are in all cases to be classified in their respective

headings. See Note 2(a). Other parts, if suitable for use

solely or principally with a particular machine, or with a number

of machines of the same heading, are to be classified with the

machines of that kind. See Note 2(b). You found the fan

components to be solely or principally used as parts of fans of

heading 8414, and the conveyor segments solely or principally

used as parts of conveyors of heading 8428, and classified them

accordingly. The banks of laying cages are not provided for in

Section XVI. However, they are within the common meaning of the

term structure for purposes of heading 7308. They are

classifiable in subheading 7308.90.95, HTSUS. See S.G.B.

Scaffolding & Shoring Co., Inc. v. United States, 82 Cust Ct.

197, C.D. 4802 (1979), HQ 952143, dated July 16, 1992.

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HOLDING:

Under the authority of GRI 1, the parts or components of the

poultry-keeping system under protest, as reflected on the Customs

Form 6445, are provided for in headings, 7308, 8414, 8431, and

other appropriate headings. They are classifiable in their

respective subheadings.

The protest should be DENIED. In accordance with Section

3A(11)(b) of Customs Directive 099 3550-065, dated August 4,

1993, Subject: Revised Protest Directive, you should mail this

decision, together with the Customs Form 19, to the protestant no

later than 60 days from the date of this letter. Any

reliquidation of the entry or entries in accordance with the

decision must be accomplished prior to mailing 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 to the public via the Diskette Subscription Service, the

Freedom of Information Act and other public access channels.

Sincerely,

John Durant, Director

Tariff Classification

Appeals Division