HQ 958986
JUNE 28, 1996
CLA-2 RR:TC:MM 958986 JAS
CATEGORY: Classification
TARIFF NO.: 7312.10.90
Port Director of Customs
1717 East Loop
Houston, TX 77029
RE: PRD 5301-95-100156; Wire Rope on Reels With Becket Loops
on Each End; Ropes, Cables and Cordage Fitted With Fittings
or Made Up into Articles, Subheading 7312.10.70; T.D. 88-78
Dear Port Director:
This is our decision on Protest 5301-95-100156, filed on
behalf of Thyssen, Inc., against your classification of wire rope
with becket loops, produced in Germany. The entry was liquidated
on March 3, 1995, and this protest timely filed on April 13,
1995.
FACTS:
As described in the Customs Form 6445A, the merchandise is
wire rope, 249.94 meters long and 95.25 mm in diameter, on reels.
Becket loops, which are otherwise undescribed, are attached to
each end of the wire rope. The wire rope is intended for use on
a drag line machine. The merchandise was entered under a
provision in heading 7312, Harmonized Tariff Schedule of the
United States (HTSUS), for other ropes, cables and cordage other
than stranded wire. Your office liquidated the entry under a
provision for ropes, cables and cordage fitted with fittings or
made up into articles.
The provisions under consideration are as follows:
7312 Stranded wire, ropes, cables, plaited bands, slings and the like, of iron or steel, not electrically insulated:
7312.10 Stranded wire, ropes and cables:
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Other:
7312.10.70 Fitted with fittings or made up
into articles...4.6 percent ad valorem
Other:
7312.10.90 Other...3.2 percent ad valorem
ISSUE:
Whether becket loops are "fittings" under subheading
7312.10.70.
LAW AND ANALYSIS:
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.
The Harmonized Commodity Description And Coding System
Explanatory Notes (ENs) constitute the official interpretation of
the Harmonized System. While not legally binding on the
contracting parties, and therefore not dispositive, the ENs
provide a commentary on the scope of each heading of the
Harmonized System and are thus useful in ascertaining the
classification of merchandise under the System. Customs believes
the ENs should always be consulted. See T.D. 89-80. 54 Fed. Reg.
35127, 35128 (Aug. 23, 1989).
Relevant ENs state, at p. 1023, that the goods of heading
73.12 include ropes, cables, bands, etc., whether or not they are
cut to length, or fitted with hooks, spring hooks, swivels,
rings, thimbles, clips, sockets, etc. (Provided that they do not
thereby assume the character of articles of other headings). The
goods of heading 73.12 are used, among other things, for hoisting
(with cranes, winches, pulleys, lifts, etc.) in mining,
quarrying, shipping, etc.; for hauling or towing; as hawsers; as
transmission belting; as rigging or guying for masts, pylons,
etc.
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Decisions by the Customs Service and the courts interpreting
nomenclature under the HTSUS' predecessor tariff code, the Tariff
Schedules of the United States (TSUS), are not deemed dispositive
under the HTSUS. However, on a case-by-case basis, such
decisions should be deemed 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 HTS.
A change in the tariff classification of wire rope with
becket attachments or becket loops under the TSUS was published
in the CUSTOMS BULLETIN on November 8, 1988, as T.D. 88-78 (22
Treas. Dec. 289). That decision cited HQ 072959, dated August
16, 1984, which stated that in the context of the involved
provisions a "fitting" must make the strand fit or suitable for,
or adapt it to the purpose intended, and that attachments which
do not make the strand ready for final use do not "fit" the
strand in a tariff sense. Heavy-duty steel wire rope typically
used as hoist, drag or similar earthmoving or mining equipment or
in other heavy-duty applications is generally supplied with
becket attachments or becket loops which provide a means of
handling the rope. For example, a more flexible rope of smaller
diameter and load capacity may be attached to the larger rope
using beckets to guide it for the purpose of threading the larger
rope through pulleys or otherwise positioning it. Beckets are
typically cut off before full load connections are made. In
holding that wire rope with beckets attached on one or both ends
did not render the rope "fitted with fittings or made up into
articles," T.D. 88-78 concluded that becket end preparations or
attachments are facilitating in nature, and do not enable the
wire rope to which they are attached to transmit motion or
perform some other specific function.
The nomenclature in TSUS items 642.06 through 642.23,
inclusive, is identical to the nomenclature in the relevant
subheadings of heading 7312. T.D. 88-78 is therefore instructive
in interpreting these subheadings.
HOLDING:
Under the authority of GRI 1, wire rope with becket loops
attached at each end, are provided for in heading 7312. It is
classifiable in subheading 7312.10.90, HTSUS.
The protest should be ALLOWED. 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
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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.
Sincerely,
John Durant, Director
Tariff Classification
Appeals Division