CLA-2 CO:R:C:M 953300 DWS
District Director
U.S. Customs Service
40 South Gay Street
Baltimore, MD 21202
RE: Protest No. 1303-92-100316; Standard Galvanized "Quick Links";
"Webster's Ninth New Collegiate Dictionary"; Explanatory Note
73.15; ORR 74-0010; 7315.89.30; 7315.89.10
Dear Sir:
This is our response on Application for Further Review of
Protest No. 1303-92-100316, dated December 17, 1992, concerning
your action in classifying and assessing duty on standard
galvanized "Quick Links" under the Harmonized Tariff Schedule of
the United States (HTSUS).
FACTS:
The merchandise consists of individual standard galvanized
chain links, known as "Quick Links". The link is principally used
to form a connection between two lengths of non-articulated chain,
thus allowing the creation of a longer chain from shorter chain
lengths. The link can also be used in the same manner with rope,
webbing, wire, and similar materials. The "Quick Links" consist
of C-shaped articles made of round galvanized steel stock, 12, 14,
or 16 millimeters in diameter, with a nut permanently threaded onto
one end. After the end links of two separate chains are inserted
through the opening in the "Quick Link", the nut is used to close
the opening by manually tightening it onto threads at the opposite
end of the link.
ISSUE:
Whether the "Quick Links" are classifiable under heading 7315,
HTSUS, as other chain of iron or steel, or under heading 7315,
HTSUS, as other parts of chain of iron or steel?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUS is in accordance
with the General Rules of Interpretation (GRI's), taken in order.
GRI 1 provides that classification is determined according to the
terms of the headings and any relative section or chapter notes.
The merchandise was entered under subheading 7315.89.30,
HTSUS, which provides for: "[c]hain and parts thereof, of iron or
steel: [o]ther chain: [o]ther: [w]ith links of essentially round
cross sections: [o]ver 8mm in diameter." However, the entry was
liquidated under subheading 7315.89.10, HTSUS, which provides for:
"[o]ther chain: [o]ther: [w]ith links of essentially round cross
sections: [n]ot over 8mm in diameter."
In "Webster's Ninth New Collegiate Dictionary" (1990), the
term "chain" is defined as:
a series of usu. metal links or rings connected to or fitted
into one another and used for various purposes (as support,
restraint, transmission of mechanical power, or measurement).
It is our position that the "Quick Links" do not constitute
chain. In its condition as imported, the merchandise consists of
individual chain links. The subject links do not constitute a
series and are not connected to or fitted into one another.
Therefore, the merchandise is not classifiable under heading 7315,
HTSUS, as other chain.
In understanding the language of the HTSUS, the Harmonized
Commodity Description and Coding System Explanatory Notes may be
utilized. The Explanatory Notes, although not dispositive, are to
be used to determine the proper interpretation of the HTSUS. 54
Fed. Reg. 35127, 35128 (August 23, 1989). In part, Explanatory
Note 73.15 (p. 1026) states that:
Iron 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.
The merchandise consists of links for non-articulated chain.
Under Explanatory Note 73.15, the links are classifiable as parts
of chain. Therefore, it is our position that the merchandise is
classifiable under subheading 7315.90.00, HTSUS, which provides
for: "[c]hain and parts thereof, of iron or steel: [o]ther parts."
We note that under the Tariff Schedules of the United States
(TSUS), "Quick Links" were held to be classifiable under item
652.27, TSUS, as parts of chain. See ORR ruling letter 74-0010,
dated February 15, 1974.
Decisions under the TSUS are dispositive in interpreting the
HTSUS. However, on a case-by-case basis they should be considered
instructive in interpreting the HTSUS, particularly where the
nomenclature previously interpreted in those decisions remains
unchanged and no dissimilar interpretation is required by the text
of the HTSUS. H. Conf. Rep. No. 576, p. 550.
HOLDING:
The "Quick Links" are classifiable under subheading
7315.90.00, HTSUS. The general, column one rate of duty is 5.7
percent ad valorem.
Because the rate of duty under the classification indicated
above is more than the liquidated rate, you should deny the protest
in full. A copy of this decision should be attached to the Customs
Form 19 and provided to the protestant as part of the action on the
protest.
Sincerely,
John Durant, Director