CLA-2-73:OT:RR:NC:1:117

Mr. Gregg Pittelkow
The Toro Company
8111 Lyndale Avenue South
Bloomington, MN 55420

RE: The tariff classification of digging and trenching chains of unspecified origin.

Dear Mr. Pittelkow:

In your letter dated February 14, 2013 you requested a tariff classification ruling. Product literature and labeled schematic drawings were included with your submission.

The items under consideration are described as digging and trenching chains. These chains are used on large outdoor trenching equipment to dig or plow trenches for irrigation, utility, electrical and communication lines and pipelines, etc. They are comprised of steel links, spacers, stations and cutting teeth.

You indicate that the assembled chains vary in size (length, width, depth), pitch, tooth pattern and tooth material and are sold as both parts of the trenching machine on which they are installed and as spare parts. The chains have a pitch ranging from 38.1-103.78 mm and consist of more than 3 parts per pitch. The cutting teeth are attachments to the chain and are fastened to the stations. Some teeth are carbide-tipped for digging through harder soil or for cutting through rock and frozen soil.

The applicable subheading for the digging and trenching chains having a pitch not over 50 mm will be 7315.12.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for chain and parts thereof, of iron or steel, articulated link chain and parts thereof, other chain, of not over 50 mm pitch and containing more than 3 parts per pitch. The general rate of duty will be free.

The applicable subheading for the digging and trenching chains having a pitch over 50 mm will be 7315.12.0080, HTSUS, which provides for chain and parts thereof, of iron or steel, articulated link chain and parts thereof, other chain, other, other. The general rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Mary Ellen Laker at (646) 733-3020.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division