CLA-2 R:C:M 957715 LTO

Assistant District Director
U.S. Customs Service
511 N.W. Broadway
Portland, Oregon 97209

RE: Protest 2904-95-100043; welded link chain; skid chain; EN 73.15; subheading 7315.20.50; "condition as imported"

Dear Assistant District Director:

The following is our decision regarding Protest 2904-95-100043, which concerns the classification of welded link chain of alloy steel under the Harmonized Tariff Schedule of the United States (HTSUS). The subject merchandise was entered on October 26, 1994, and the entry was liquidated on February 10, 1995. The protest was timely filed on February 15, 1995.

FACTS:

The article in question is welded link chain of alloy steel. The chain is described on the invoice as "auto parts: traction parts." It is imported in two forms: (1) 9/0 x 17 link, which is a link set of 17 links, and (2) 9/0 x 100 feet, which is imported in 100 foot rolls. The term "9/0" refers to a material diameter size of 0.375 inches. According to the protestant, both forms (the latter when cut to length) are used as replacement links for skid chain. They are fastened to the existing chain with an "open link," which is sold separately.

The chain was entered under subheading 7315.20.50, HTSUS, which provides for skid chain over 8 mm in diameter. It was classified upon liquidation under - 2 -

subheading 7315.82.10, HTSUS, which provides for other chain, welded link, of alloy steel, not over 10 mm in diameter.

ISSUE:

Whether the welded link chain is classifiable as skid chain under subheading 7315.20.50, 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 . . . ."

The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) constitute the Customs Cooperation Council's official interpretation of the Harmonized System. While not legally binding, and therefore not dispositive, the ENs provide a commentary on the scope of each heading of the Harmonized System, and are generally indicative of the proper interpretation of these headings. See T.D. 89-80, 54 Fed. Reg. 35127, 35128 (August 23, 1989).

EN 73.15, pg. 1026, states that the heading includes "automobile skid chains," a term which is not further defined. The protestant contends that the welded link chain is classifiable as skid chain under subheading 7315.20.50, HTSUS. We disagree.

The "17 link" chain cannot be fastened to a tire without the addition of an "open link," which is sold separately. The chain imported in 100 foot rolls also needs the "open link" to be fastened to a tire, and must be cut to length. Thus, as imported, the chain is not identifiable as "skid chain," but simply as "welded link chain." See United States v. Hannevig, T.D. 38384 (merchandise is classifiable in its "condition as imported"). The chain is therefore classifiable under subheading 7315.82.10, HTSUS.

HOLDING:

The welded chain of alloy steel is classifiable under subheading 7315.82.10, HTSUS.

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, 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 - 3 -

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, Freedom of Information Act and other public access channels.

Sincerely,

John Durant, Director
Commercial Rulings Division