Link Kiln Chain, Cast Link Chain; Iron or Steel Chain; Chain With Links of Essentially Round Cross Sections, Subheading 7315.89.30; Other Chain; HQ 077025 Dear Ms. Jones:

HQ 956395 JUNE 4, 1994 CLA-2:CO:R:C:M 956395 JAS CATEGORY: Classification TARIFF NO.: 7315.89.50 Ms. Jo Christi Jones V. Alexander & Co., Inc. P.O. Box 291929 Nashville, TN 37229-1929 RE: Link Kiln Chain, Cast Link Chain; Iron or Steel Chain; Chain With Links of Essentially Round Cross Sections, Subheading 7315.89.30; Other Chain; HQ 077025 Dear Ms. Jones: In a letter dated May 9, 1994, on behalf of American Magotteaux Corp., you inquire as to the tariff classification of D-link steel kiln chain from Belgium. A sample link of this chain and a cut link with exposed cross section accompanied your request. Noting your statement that this chain is presently being imported at the port of Nashville, import specialists in New Orleans have confirmed that in January of 1994 two entries of this chain under subheading 7315.89.50, Harmonized Tariff Schedule of the United States (HTSUS), were liquidated as entered. No unliquidated entries of this chain have been identified. We therefore regard your May 9 letter as a ruling request on prospective importations. FACTS: The steel chain in issue is cast and alloyed to withstand the high operating temperatures of a kiln. It is believed to be used to position mechanical parts of the kiln or to move articles or materials into and out of the kiln. The sample link is in the shape of a circle measuring 4 1/4 inches in outside diameter but with an inside portion that is flat, giving the link a D-shaped cross section. You state that the local import specialist at New Orleans has determined that the chain is classified in a provision for chain whose links are not essentially round in cross section. - 2 - You maintain that the chain is provided for duty-free as other chain with links of essentially round cross sections. The provisions under consideration are as follows: 7315 Chain and parts thereof, of iron or steel: Other chain: 7315.89.30 With links of essentially round cross sections over 8 mm in diameter...Free 7315.89.50 Other...5.7 percent ISSUE: Whether D-shaped cross sections are essentially round for tariff purposes. LAW AND ANALYSIS: Merchandise is classifiable under the HTSUS in accordance with the General Rules of Interpretation (GRIs). GRI 1 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, and provided the headings or notes do not require otherwise, according to GRIs 2 through 6. In HQ 077025, dated June 19, 1986, Customs held that steel chain the links of which are of stock with at least one side flat or straight cannot be considered essentially round for purposes of item 652.30, TSUS. While the successor HTSUS provision requires that it is the links that must be essentially round in cross section and not the stock from which the links are made, HQ 077025 is nevertheless instructive as to the meaning of the expression "essentially round" for tariff purposes, particularly where that term is not defined in the text of the HTSUS or in the Explanatory Notes to the Harmonized Commodity Description and Coding System. - 3 - HOLDING: The links of steel chain that are D-shaped in cross section are not considered essentially round for tariff purposes. Under the authority of GRI 1, steel chain made from links with D- shaped cross sections is provided for in heading 7315. It is classifiable in subheading 7315.89.50, HTSUS, as other chain. Sincerely, John Durant, Director Commercial Rulings Division