United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1994 HQ Rulings > HQ 0953261 - HQ 0953453 > HQ 0953300

Previous Ruling Next Ruling

HQ 953300

April 5, 1993

CLA-2 CO:R:C:M 953300 DWS


TARIFF NO.: 7315.90.00

District Director
U.S. Customs Service
40 South Gay Street
Baltimore, MD 21202

RE: Protest No. 1303-92-100316; Standard Galvanized "Quick Links"; "Webster's Ninth New Collegiate Dictionary"; Explanatory Note 73.15; ORR 74-0010; 7315.89.30; 7315.89.10

Dear Sir:

This is our response on Application for Further Review of Protest No. 1303-92-100316, dated December 17, 1992, concerning your action in classifying and assessing duty on standard galvanized "Quick Links" under the Harmonized Tariff Schedule of the United States (HTSUS).


The merchandise consists of individual standard galvanized chain links, known as "Quick Links". The link is principally used to form a connection between two lengths of non-articulated chain, thus allowing the creation of a longer chain from shorter chain lengths. The link can also be used in the same manner with rope, webbing, wire, and similar materials. The "Quick Links" consist of C-shaped articles made of round galvanized steel stock, 12, 14, or 16 millimeters in diameter, with a nut permanently threaded onto one end. After the end links of two separate chains are inserted through the opening in the "Quick Link", the nut is used to close the opening by manually tightening it onto threads at the opposite end of the link.


Whether the "Quick Links" are classifiable under heading 7315, HTSUS, as other chain of iron or steel, or under heading 7315, HTSUS, as other parts of chain of iron or steel?


Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification is determined according to the terms of the headings and any relative section or chapter notes.

The merchandise was entered under subheading 7315.89.30, HTSUS, which provides for: "[c]hain and parts thereof, of iron or steel: [o]ther chain: [o]ther: [w]ith links of essentially round cross sections: [o]ver 8mm in diameter." However, the entry was liquidated under subheading 7315.89.10, HTSUS, which provides for: "[o]ther chain: [o]ther: [w]ith links of essentially round cross sections: [n]ot over 8mm in diameter."

In "Webster's Ninth New Collegiate Dictionary" (1990), the term "chain" is defined as:
a series of usu. metal links or rings connected to or fitted into one another and used for various purposes (as support, restraint, transmission of mechanical power, or measurement).

It is our position that the "Quick Links" do not constitute chain. In its condition as imported, the merchandise consists of individual chain links. The subject links do not constitute a series and are not connected to or fitted into one another. Therefore, the merchandise is not classifiable under heading 7315, HTSUS, as other chain.

In understanding the language of the HTSUS, the Harmonized Commodity Description and Coding System Explanatory Notes may be utilized. The Explanatory Notes, although not dispositive, are to be used to determine the proper interpretation of the HTSUS. 54 Fed. Reg. 35127, 35128 (August 23, 1989). In part, Explanatory Note 73.15 (p. 1026) states that:

Iron or steel parts of chains specialised as such e.g., side links, rollers, spindles, etc., for articulated chain, links and shackles for non-articulated chain, also fall in this heading.

The merchandise consists of links for non-articulated chain. Under Explanatory Note 73.15, the links are classifiable as parts of chain. Therefore, it is our position that the merchandise is classifiable under subheading 7315.90.00, HTSUS, which provides for: "[c]hain and parts thereof, of iron or steel: [o]ther parts."

We note that under the Tariff Schedules of the United States (TSUS), "Quick Links" were held to be classifiable under item 652.27, TSUS, as parts of chain. See ORR ruling letter 74-0010, dated February 15, 1974.

Decisions under the TSUS are dispositive in interpreting the HTSUS. However, on a case-by-case basis they should be considered instructive in interpreting the HTSUS, particularly where the nomenclature previously interpreted in those decisions remains unchanged and no dissimilar interpretation is required by the text of the HTSUS. H. Conf. Rep. No. 576, p. 550.


The "Quick Links" are classifiable under subheading 7315.90.00, HTSUS. The general, column one rate of duty is 5.7 percent ad valorem.

Because the rate of duty under the classification indicated above is more than the liquidated rate, you should deny the protest in full. A copy of this decision should be attached to the Customs Form 19 and provided to the protestant as part of the action on the protest.


John Durant, Director

Previous Ruling Next Ruling

See also: