CLA-2 CO:R:C:M 955546 LTO
Mr. Louis D. Bernier
North Star World Trade Services, Inc.
7700 23rd Avenue South
Minneapolis, Minnesota 55450
RE: Queen Bee Excluders; HQ 953544; NY 882692; heading 8436;
"machine"
Dear Mr. Bernier:
This is in response to your letter of December 10, 1993,
requesting, on behalf of Mann Lake Supply Co., reconsideration of
HQ 953544, dated April 5, 1993, which concerned the
classification of bound and unbound queen bee excluders under the
Harmonized Tariff Schedule of the United States (HTSUS).
FACTS:
The articles in question are bound and unbound queen bee
excluders made of stainless steel and plated with zinc. The
excluders are used to keep the queen bee away from the "work
area" of a beehive where the honey is stored. The bound excluder
consists of a grill with metal framing on the edges, while the
unbound excluder consists of a grill without a frame.
In HQ 953544, this office affirmed NY 882692, dated February
19, 1993, and held that the bound queen bee excluder was
classifiable under subheading 7326.20.00, HTSUS, which provides
for other articles of iron or steel wire. The unbound queen bee
excluder was classified under subheading 7314.30.50, HTSUS, which
provides for other grills of iron or steel wire.
ISSUE:
Whether the bound and unbound queen bee excluders are
classifiable as other bee-keeping machinery under subheading
8436.80.00, HTSUS. - 2 -
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 . . . ."
You contend that the queen bee excluders are classifiable as
bee-keeping machinery or as parts thereof under heading 8436,
HTSUS. In HQ 953544, we stated that "[a]lthough the queen bee
excluders are intended for agricultural use (growing honey), they
are neither machinery nor are they parts of machinery." You
claim that the excluders, or the beehives with which they are
used, are "machines."
A tariff term that is not defined in the HTSUS or in the
Harmonized Commodity Description and Coding System Explanatory
Notes (EN) is construed in accordance with its common and
commercial meaning. Nippon Kogaku (USA), Inc. v. U.S., 69 CCPA
89, 673 F.2d 380 (1982). Common and commercial meaning may be
determined by consulting dictionaries, lexicons, scientific
authorities and other reliable sources. C.J. Tower & Sons v.
U.S., 69 CCPA 128, 673 F.2d 1268 (1982).
The term "machine" is defined as follows:
(1): an assemblage of parts that transmit forces,
motion, and energy one to another in a
predetermined manner;
(2): an instrument (as a lever) designed to transmit
or modify the application of power, force, or
motion.
Webster's Ninth New Collegiate Dictionary, pg. 713
(1990)
Neither the beehive, nor the excluders, meet the above
definition. Therefore, HQ 953544 is affirmed. The bound queen
bee excluder is classifiable under subheading 7326.20.00, HTSUS,
and the unbound queen bee excluder is classifiable under
subheading 7314.30.50, HTSUS.
HOLDING:
The bound queen bee excluders are classifiable under
subheading 7326.20.00, HTSUS, while the unbound queen bee - 3 -
excluders are classifiable under subheading 7314.30.50, HTSUS.
The corresponding rate of duty for articles of these subheadings
is 5.7% ad valorem.
HQ 953544, dated April 5, 1993, is affirmed.
Sincerely,
John Durant, Director