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HQ 959577

FEBRUARY 11, 1997

CLA-2 RR:TC:MM 959577 JAS


TARIFF NO. 7308.90.95, 8414.90.10, 8431.39.00

Port Director of Customs
110 South 4th. St.
Minneapolis, MN 55401

RE: PRD 3501-95-100266; Poultry-Keeping Machinery Imported in Separate Shipments; Poultry Incubators and Brooders, Heading 8436 ; Wire Cages, Automatic Feeding Devices, Manure Removing Apparatus; Articles Imported Unfinished and Unassembled, Essential Character, GRI 2(a); Parts, Heading 8431; Section XVI, Note 2, Nidec Corporation v. United States, S.G.B. Scaffolding and Shoring Co., Inc. v. United States, HQ 952143

Dear Port Director:

This is our decision on Protest 3501-95-100266, filed against your classification of parts and components of poultry-keeping machinery imported in separate shipments. The entries under protest were liquidated on April 28, 1995, and this protest timely filed on July 26, 1995.


The merchandise in issue constitutes what counsel for the protestant refers to as an integrated poultry-keeping system (to produce eggs, breed birds, and rear pullets from infancy to maturity). The parts and components of this system were imported unassembled in multiple shipments. A packing list for one of the fifteen (15) shipping containers in which the merchandise arrived lists ninety four (94) individual parts and components, among which are banks of laying cages of iron or steel wire mesh, the merchandise in issue includes components which mechanically deliver feed and water to the cages, a whisk aerator for manure drying, cleaning and removing manure, components which provide air circulation or temperature control and fresh air, belt conveyor segments which transport eggs from individual cages to - 2 -
loading facilities for further processing or for sale. Also covered are miscellaneous articles such as egg grader/packer pipes, springs, straps, screws channels and brackets.

The merchandise was entered free of duty under provisions of heading 8436, either as poultry incubators and brooders, as other poultry-keeping machinery, or as parts thereof, as appropriate. Your office liquidated the entries under protest under the most specific provisions deemed appropriate, i.e., heading 7308, structures and parts thereof, of iron or steel, for the cages, heading 8414 for the whisks/aerators which you considered to be parts of fans, and heading 8431 for parts of conveyors.

The provisions under consideration are as follows:

7308 Structures...and parts of structures, of iron or steel:

7308.90 Other:

7308.90.95 Other

8414 [a]ir or other gas compressors and fans;...:

8414.90 Parts:

8414.90.10 Other

8431 Parts suitable for use solely or principally with the machinery of headings 8425 to 8430:

Of machinery of heading 8428

8431.39.00 Other

8436 Other...poultry-keeping machinery: poultry incubators and brooders; parts thereof:

Poultry-keeping machinery; poultry incubators and brooders:

8436.21.00 Poultry incubators and brooders

8436.29.00 Other


8436.91.00 Of poultry-keeping machinery or poultry incubators and brooders


Whether components of the poultry system in any one shipment constitute an unfinished agricultural machine or part provided for in heading 8436, entered unassembled.


Merchandise is classifiable under the Harmonized Tariff Schedule of the United States (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.

Counsel's primary claims are as unfinished poultry incubators or brooders or as other poultry-keeping machinery, imported unassembled, pursuant to General Rule of Interpretation (GRI) 2(a), Harmonized Tariff Schedule of the United States (HTSUS). The claims are based on the fact that none of the components are designed or intended to function independently or to be sold separately; each is dedicated for use solely with or in a poultry "system" designed for egg production and poultry - 4 -
breeding/rearing. Alternatively, counsel maintains the parts or components should be classified as parts of poultry incubators and brooders or of poultry-keeping machinery. Counsel also cites GRI 3(a) as authority for the proposition that the goods here are prima facie classifiable under two or more headings and that heading 8436 provides the most specific description for these components than do headings providing a more general description. Finally, counsel contends that under GRI 3(b) the essential character of the components that comprise the entire system is as poultry-keeping machinery of heading 8436.

We agree that under GRI 2(a), HTSUS, an incomplete or unfinished article entered unassembled, may be classified as if it were the finished or complete article provided that, as imported, it has the essential character of the finished or complete article. In this case, however, it has not been demonstrated to what extent the components imported in each shipment, or in several shipments imported on the same calendar day, possess the essential character of a good of heading 8436, as required by GRI 2(a).

Subject to certain exceptions that are not relevant here, goods that are identifiable as parts of machines or apparatus of Chapter 84 or Chapter 85 are classifiable in accordance with Section XVI, Note 2, HTSUS. See Nidec Corporation v. United States, 861 F. Supp. 136, aff'd. 68 F. 3d 1333 (1995). Parts which are goods included in any of the headings of Chapters 84 and 85 are in all cases to be classified in their respective headings. See Note 2(a). Other parts, if suitable for use solely or principally with a particular machine, or with a number of machines of the same heading, are to be classified with the machines of that kind. See Note 2(b). You found the fan components to be solely or principally used as parts of fans of heading 8414, and the conveyor segments solely or principally used as parts of conveyors of heading 8428, and classified them accordingly. The banks of laying cages are not provided for in Section XVI. However, they are within the common meaning of the term structure for purposes of heading 7308. They are classifiable in subheading 7308.90.95, HTSUS. See S.G.B. Scaffolding & Shoring Co., Inc. v. United States, 82 Cust Ct. 197, C.D. 4802 (1979), HQ 952143, dated July 16, 1992.


Under the authority of GRI 1, the parts or components of the poultry-keeping system under protest, as reflected on the Customs Form 6445, are provided for in headings, 7308, 8414, 8431, and other appropriate headings. They are classifiable in their respective subheadings.

The protest should be DENIED. In accordance with Section 3A(11)(b) of Customs Directive 099 3550-065, dated August 4, 1993, Subject: Revised Protest Directive, you should mail this decision, together with the Customs Form 19, to the protestant no later than 60 days from the date of this letter. Any reliquidation of the entry or entries in accordance with the decision must be accomplished prior to mailing the decision. Sixty days from the date of the decision the Office of Regulations and Rulings will take steps to make the decision available to Customs personnel via the Customs Rulings Module in ACS and to the public via the Diskette Subscription Service, the Freedom of Information Act and other public access channels.


John Durant, Director
Tariff Classification

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