CLA-2-73:S:N:N1:106-854413
Mr. R. Kevin Williams
Sonnenberg, Anderson, O'Donnell & Rodriquez
Attorneys & Counsellors at Law
200 West Adams Street, Suite 2625
Chicago, Illinois 60606
RE: The tariff classification of hay baler components from West
Germany
Dear Williams:
In your letter dated July 12, 1990, on behalf of M&W Gear
Company, Gibson City, IL, you requested a tariff classification
ruling. You have submitted literature describing the hay baler
machine and its various components.
The articles that are the subject of this ruling request are
an elevator chain, a fixed-ratio gear box, and a hay pick-up unit
used as components in M&W hay balers. It is your contention that
the elevator chain and the pick-up assembly are classified in
subheading 8433.90.50, Harmonized Tariff Schedule of the United
States (HTS), which is the provision for parts of haying machines
and balers. You further contend that the fixed-ratio gear box is
classified in subheading 8483.40.50, HTS, which is the provision
for gear boxes and other speed changers. Since this item is used
on hay balers it should also be eligible for free duty treatment
in subheading 9817.00.60, HTS.
The three articles (elevator chain, gear box and hay pick-up
unit) are used after their importation as components of M&W model
1500 and model 1800 round hay balers. Round hay balers are
agricultural machines that are towed behind tractors and are used
to gather hay into large round bales.
The elevator chain consists of roller chain links and cross
bar sections. The cross bars are inserted through the cross bar
sections and are held in place by retaining pins. The elevator
chains are driven around the bale chamber by specially designed
sprockets which have teeth to accommodate the large size of the
crossbar sections, as well as the roller links, of the elevator
chain. The elevator chain functions in conjunction with the
crossbars to form a housing to enclose, support and compress the
hay bale during the bale formation process. It also has a
transmission function which carries the crossbars around their
operating path in the bale chamber.
The hay pick-up unit is designed solely for use with the M&W
round balers and has no other practical application. The
cleaner, faster pick-up system assists in producing a more
uniform bale without the usual zigzagging associated with other
balers. The pick-up gauge wheels prevent pick-up from being
damaged in rough fields
The gear box imported for use with round balers is a fixed-
ratio gear box which changes the direction of the power
transmitted from the tractor to the baler by the power-take-off
shaft and reduces the speed to that required for correct
operation of the baler.
The General Rules of Interpretation (GRI's) govern
classification under the Harmonized Tariff Schedule. Under GRI
1, classification shall be determined according to the terms of
the heading and any relative section or chapter notes. In
addition, the classification of articles which are parts of other
articles is governed by Additional U.S. Rule of Interpretation
1(c), which states, "a provision for parts of an article covers
products solely or principally used as a part of such articles
but a provision for `parts' or `parts and accessories' shall not
prevail over a specific provision for such part or accessory...."
All three imported articles are clearly parts of a round hay
baler, but when a specific provision describes the articles, then
that specific provision prevails over a `parts of' provision.
Accordingly, the applicable subheading for the elevator
chain will be 7315.11.0050, Harmonized Tariff Schedule of the
United States (HTS), which provides for other roller chain. The
rate of duty will be 4.2 percent ad valorem.
The applicable subheading for the hay pick-up unit will be
8433.90.5000, HTS, which provides for parts of pick-up balers.
The rate of duty will be free.
The applicable subheading for the fixed-ratio gear box will
be 8483.40.5010, HTS, which provides for other fixed-ratio speed
changers. The rate of duty will be 2.5 percent ad valorem.
Subheading 9817.00.60, HTS, is the provision for parts to be
used in articles provided for in headings 8432, 8433, 8434 and
8436, whether or not such parts are principally used as parts of
such articles and whether or not covered by a specific provision
within the meaning of additional U.S. Rule of Interpretation 1
(c). The M&W round balers are classified in subheading
8433.40.00, HTS, which is the provision for straw or fodder
balers, including pick-up balers. In the alternative, the
elevator chain and the fixed-ratio gear box would be free of duty
in subheading 9817.00.60, upon compliance with all applicable
regulations (including the submission of actual use
certification as provided in section 10.131-139 of the Customs
Regulations).
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport