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

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. - 3 -

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