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NY 860665


MAR 15 1991

CLA-2-84:S:N:N1:102 860665

CATEGORY: CLASSIFICATION

TARIFF NO.: 8482.10.1040

Mr. Thomas G. Harris
Schlafhorst, Inc.
P.O. Box 240828
8801 South Boulevard
Charlotte, NC 28217

RE: The tariff classification of top rollers for use on textile machinery from Germany

Dear Mr. Harris:

In your letter dated February 13, 1991 you requested a tariff classification ruling.

Your inquiry described the subject roller as a "double needle bearing with internal shaft combined with integrated ball thrust bearing." The unit functions as a roller on a Zinser draw frame, which in turn is used to spin yarn. For this application the roller will have a cot, or rubber-like sleeve, pressed over it after importation. By construction we would define this roller as an integral shaft ball/needle roller bearing. The issue of the classification of a ball/roller integral shaft bearing was resolved by the Court of International Trade in FAG Bearings, Ltd. v. U.S. (Slip Op. 85-52) dated May 2, 1985.

The applicable subheading for the top roller, imported without a cot will be 8482.10.1040, Harmonized Tariff Schedule of the United States (HTS), which provides for ball bearings with integral shafts, having an outside diameter not over 30 mm. The rate of duty will be 4.2 percent ad valorem.

It is the opinion of this office that the top roller bearing would not be subject to antidumping duties under the current Department of Commerce antifriction bearing dumping investigation, as published in the Federal Register on May 15, 1989. The grounds for this determination are that we would consider this to be covered under the exclusion for needle roller bearings. Should you desire a binding ruling on the applicability of this ADA case to your merchandise, please write directly to the Department of Commerce, Office of Compliance, Washington, D.C.
This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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