Buoy chains and bridles; modification of NY 876765;7315.82.70

HQ 953165 April 26, 1993 CLA-2 CO:R:C:M 953165 MMC CATEGORY: Classification TARIFF NO.: 7315.82.30 Mr. William O'Meara C. Melchers & Co. America, Inc. 55 New Montgomery Street, Suite 888 San Francisco, CA 94105 RE: Buoy chains and bridles; modification of NY 876765; 7315.82.70 Dear Mr. O'Meara: It has come to our attention that New York ruling letter 876765 of 8/13/92 which was issued to you, concerning classification of buoy chains and bridles under the Harmonized Tariff Schedule of the Untied States (HTSUS), may have been incorrect. We have reconsidered the classification of such chains and bridles. FACTS: The articles are open link welded steel buoy chains and bridles used to aid in mooring navigation buoys in coastal and inland waterways. Chains are always 90 feet long with individual uniform oval links ranging from 12.7 to 48 millimeters in diameter. Bridles are either 10, 12, 15, 18, or 28 feet long and have uniform oval links ranging from 22 to 38 millimeters in diameter and a circular bridle ring 6 or 8 inches in diameter. The steel has the following chemical composition: Element Maximum Weight Percentage Carbon 0.36 Manganese 1.90 Silicon 0.55 Phosphorus 0.05 Sulfur 0.05 NY 876765, held buoy chains and bridles classifiable in subheading 7315.82.70, HTSUS, which provides for [c]hain and parts thereof, of iron or steel: [o]ther chain: [o]ther, welded link: [o]f iron or nonalloy steel: [o]ver 10mm in diameter. ISSUE: Whether the chains and bridles are classifiable under subheading 7315.82.70, HTSUS? LAW AND ANALYSIS: Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1, HTSUS, states in part that for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes. Heading 7315, HTSUS, provides for chains and parts thereof, of iron or steel. Chapter 72 note 1 states in pertinent part: [i]n this Chapter and, in the case of Notes (d), (e), and (f) throughout the Nomenclature, the following expressions have the meanings hereby assigned to them:... (f) Other alloy steel Steels...containing by weight one or more of the following elements in the proportion shown:... - 1.65% of manganese. In a letter dated 7/22/92 to the N.Y. Area Director of Customs, you stated that the articles contain 1.90% manganese. This is above the 1.65% manganese necessary to be considered alloy steel for tariff purposes. Based upon Chapter 72 note 1(f), we find that the buoy chains and bridles are classifiable under subheading 7315.82.30, HTSUS, which provides for [c]hain, and parts thereof, of iron or steel: [o]ther chain: [o]ther, welded link: [o]f alloy steel: [o]ver 10 mm in diameter. HOLDING: The buoy chains and bridles are classifiable under subheading 7315.82.30, HTSUS, with a column 1 duty rate of Free. EFFECT ON OTHER RULINGS: Pursuant to section 177.9 (d)(1), Customs Regulations [19 CFR 177.9 (d)(1)], NY 876765 is modified in part. In NY 876765, a marking issue was also addressed. That portion of the ruling remains in effect. Sincerely, John Durant, Director Commercial Rulings Division