HQ 0082968 - Protest 3901-7-000778, disk harrow bearings - United States International Trade Commision Rulings

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HQ 082968

December 4, 1989

CLA-2 CO:R:C:G 082968 JMH

CATEGORY: CLASSIFICATION

TARIFF NO.: 666.00, 680.37

District Director
Chicago District
610 South Canal St.
Chicago, IL 60607

RE: Protest 3901-7-000778, disk harrow bearings

Dear Sir:

The following is our decision regarding protest 3901-7- 000778, dated July 1, 1987. At issue is the classification under the Tariff Schedule of the United States (TSUS) for certain disk harrow bearings.

FACTS:

The merchandise in question are disk harrow bearings imported from Yugoslavia by Klodno Pivo, Inc. DBA. These bearings are radial ball bearings designed to be press-fitted into rotary tillage disks used on farm vehicles. The bearings provide antifriction properties to the disk. No other functions are listed or claimed for the bearings.

The protestant claims that the bearings should be classified within Item 666.00, TSUS, as parts of farm machinery. Your office has classified the articles within Item 680.37, TSUS, as "Ball or roller bearings..."

ISSUE:

Whether the disk harrow bearings are properly classified as within Item 666.00, TSUS, as "Machinery for soil preparation, and cultivation, agricultural drills and planters, fertilizer spreaders, harvesting and threshing machinery, hay or grass mowers (except lawn mowers), farm wagons and carts, milking machines, on-farm equipment for the handling or drying of agricultural or horticultural products, and agricultural and
horticultural implements not specially provided for, and parts of any of the foregoing...", or as "Ball or roller bearings..." within Item 680.37, TSUS.

LAW AND ANALYSIS:

The classification of merchandise under the TSUSA is governed by the General Headnotes. General Headnote (ij) states that "a provision for "parts" of an article covers a product solely or chiefly used as a part of such article, but does not prevail over a specific provision for such part." Schedule 6, Part 4, Subpart 3, headnote 1, TSUS, states "The provisions of item 666.00...do not apply to ...any of the articles specially provided for elsewhere in the tariff schedules..." Although parts of farm vehicles are included within Item 666.00, ball bearings are specifically provided for within Item 680.37. Therefore, the ball bearings are properly classified within Item 680.37.

Furthermore, it is the Customs position that the mere dedication of a ball bearing to a specific use does not make it more than a bearing. "Unless the bearings have physical properties or a function which is a feature nonsubordinate to and distinct from the antifriction function, these bearings are classifiable under the eo nomine provision for bearings." Headquarters Ruling Letter 069852, dated July 14, 1982. See also Headquarters Ruling Letter 072787, dated June 31, 1983.

HOLDING:

The Klodno Pivo, Inc., DBA disk harrow bearings should be classified within Item 680.37, TSUS. The protest should be denied. A copy of this decision should be forwarded to the protestant with the Form 19, denial of protest.

Sincerely,

John Durant, Director
Commercial Rulings Division

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