CLA-2 CO:R:C:G  084811  VEA
Steve Sanders
            Border Brokerage Company
            P.O. Box B
            Blaine, Washington 98230
            RE:  Choker grapple and slack-pulling carriages, which are used
            in the logging industry.
            Dear Mr. Sanders:
                   Your letter of April 27, 1989, to our New York office,
            on behalf of Johnson Industries Ltd., requests a ruling on the
            classification of equipment used in the logging industry under
            the Harmonized Tariff Schedule of the United States Annotated
            (HTSUSA).  The equipment was classified in headings 8431 and
            8483, and the request was forwarded to Headquarters to
            determine whether the articles could be classified as
            machinery, equipment and implements used for agricultural or
            horticultural purposes in subheading 9817.00.5000.
            FACTS:
                   The articles at issue consist of a choker grapple and
            slack-pulling carriages, which are used in the logging
            industry.  The choker grapple and slack-pulling carriages are
            used with log yarders.
                   The choker grapple consists of two curved hinged metal
            jaws, a cable operated system to open and close the grapple
            jaws and a slider mechanism.  It is used with a log yarder to
            transport trees from the logging area to a central collection
            point.
                   The slack-pulling carriages are also used with a log
            yarder.  They consist of several sheaves mounted in a block or
            housing with an opening to which choker cables holding logs can
            be suspended.  The sheaves allow the carriage to be pulled
            horizontally along the yarder line in order to transport the
            logs.  The carriages include other features such as double
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            driver sheaves, non-twist line infeed and extended side-block
            capacity.
                   Our New York office classified these articles in the
            following subheadings: the choker grapple in subheading
            8431.49.1090 and the slack pulling carriage in subheading
            8483.50.8080.  You ask whether these articles could be
            classified as machinery, equipment and implements to be used
            for agricultural or horticultural purposes in subheading
            9817.00.5000.
            ISSUE:
                   Whether the choker grapple and slack pulling carriage
            are machinery, equipment and implements to be used for
            agricultural or horticultural purposes classifiable in
            subheading 9817.00.5000.
            LAW AND ANALYSIS:
                   The General Rules of Interpretation (GRIs), the legal
            principles by which merchandise is classified, govern
            classification under the Harmonized Tariff Schedule of the
            United States (HTSUSA).  GRI 1 states, in part, that the
            primary consideration in the classification of goods is the
            terms of the heading and any relative section or chapter notes.
            The subheading at issue provides:
                   9817.00.5000      Machinery, equipment and implements to
                                     be used for agricultural or
                                     horticultural purposes
                   Pursuant to GRI 1, classification in subheading
            9817.00.5000 requires that the articles be used for
            agricultural or horticultural purposes.  U.S. Note 2(t),
            Subchapter XVII states that the provisions of subheadings
            9817.00.5000 and 9817.00.6000 do not apply to articles provided
            for in various headings.  Headings 8431 and 8483 are not
            included in this note.  Thus, the choker grapple and slack
            pulling carriage are eligible for classification under
            9817.00.5000 if they are "machinery, equipment and implements
            to be used for agricultural or horticultural purposes."
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                   Courts have classified equipment used in the logging
            industry as agricultural implements in item 666.00 under the
            Tariff Schedule of the United States (TSUS).  See: The United
            States v. Norman G. Jensen, Inc., 76 Cust. Ct. 42, C.D. 4634,
            408 F. Supp. 1379 (1976) aff'd. 550 F. 2d 662 (1977); Border
            Brokerage Co., Inc., v. United States, 2 CIT 326 (1981) and
            Border Brokerage Co., Inc., v. United States, 6 CIT 262 (1983).
            In these decisions, the courts held that the growing and
            harvesting of trees constituted an agriculture pursuit and
            merchandise used for such purposes was within the provision for
            agricultural implements.  Thus, both the choker grapple and
            slack pulling carriage would be entitled to free entry under
            heading 9817 if there is actual use certification in compliance
            with 19 CFR 10.138.
            HOLDING:
                   The choker grapple and slack pulling carriage are
            machinery, equipment and implements to be used for agricultural
            or horticultural purposes classifiable in subheading
            9817.00.5000.
Sincerely,
John Durant, Director
                                      Commercial Rulings Division