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NY C83740




February 5, 1998

CLA-2-39:RR:NC:2:221 C83740

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880

Mr. Herbert William Julich
Delmar International, Inc.
147-55 175th Street
Jamaica, NY 11434

RE: The tariff classification of the "Roll Ring" chain tensioner wheel from Germany.

Dear Mr. Julich:

In your letter dated January 22, 1998, on behalf of Renold, Inc., you requested a tariff classification ruling.

A brochure and sample Roll Ring chain tensioner wheel was submitted with your letter. The chain tensioner wheel is designed for snap-in installation. It is meant to reduce chain wear and improve the efficiency of the chain drive. It is composed of plastics.

You suggest classification in subheading 8431.39, HTS, which provides for other parts of elevators and conveyors. However, the chain tensioner wheels are neither parts of elevators or conveyors, nor are they themselves used in the handling or transporting of goods. The submitted literature states they are used in chain drives for a wide variety of industrial applications, including agricultural machinery, conveyors, cardboard manufacturing machines, presses, paper cutting machines, printing machines, road building machines, and tile manufacturing machines. Accordingly, the chain tensioner wheels cannot be classified in subheading 8431.39, HTS. In addition, they are not a considered a part since they are not an integral, constituent component of a chain drive without which it cannot function.

The applicable subheading for the Roll Ring chain tensioner wheels will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem. 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 Joan Mazzola at 212-466-5580.

Sincerely,

Robert B. Swierupski
Director,

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