United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1992 HQ Rulings > HQ 0950991 - HQ 0951117 > HQ 0951049

Previous Ruling Next Ruling


HQ 951049


May 15, 1992

CLA-2 CO:R:C:M 951049 CMS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8482.10.10, 8482.10.50

Robert S. Smith, Esq.
McGuire, Woods, Battle & Booth
1627 Eye Street, N.W.
Washington, D.C. 20006

RE: Ball Bearings; Radial; Plastic; Antifriction; Integral Shaft; Support; Machine Parts; Housed; Thermoplastic; NY 867990, Affirmed; 9010.10.00; 8483.20.40

Dear Mr. Smith:

This is in response to your request dated January 22, 1992, on behalf of Inter American Bearing Corporation (IABC), for the reconsideration of NY 867990 (November 12, 1991).

FACTS:

NY 867990 held that three items were classified as ball bearings in Heading 8482, Harmonized Tariff Schedule of the United States (HTSUS).

Item 1 in NY 867990 consists of metal balls spaced in a plastic cage contained between inner and outer plastic rings. After importation, the products are fitted into roller spools for photographic film developers.

Item 2 in NY 867990 consists of plastic balls spaced in a plastic cage contained between an inner plastic ring which has a "D" shaped bore, and an outer plastic section which is molded into a square shape with an integral attachment clip. After importation, a "D" shaft of a photographic film developer is fitted into the inner ring.

Item 3 consists of two articles. Each article consists of plastic balls spaced in a plastic cage contained between an inner plastic shaft and an outer plastic ring. After importation, the inner shafts of the two articles are fitted into a photographic roller spool and the shafts are snapped together. The two articles may be imported separately.

ISSUE:

Is the merchandise classified as ball bearings in Heading 8482, HTSUS, or as parts of photographic developing apparatus in Heading 9010, HTSUS?

LAW AND ANALYSIS:

The HTSUS provides that the classification of articles is governed by the General Rules of Interpretation (GRI's). GRI 1 states in pertinent part that "...classification shall be determined according to the terms of the headings and any relative section or chapter notes...".

After importation, the three items are installed in Chapter 90 photographic film developing apparatus. Chapter 90 Note 2 provides for the classification of parts of Chapter 90 apparatus. Chapter 90 Note 2(a) states that such parts which are "...goods included in any of the headings of...Chapter 84...are in all cases to be classified in their respective headings".

Heading 8482 is a Chapter 84 heading. Heading 8482 in part describes ball bearings. The Harmonized Commodity Description and Coding System Explanatory Notes to Heading 8482. p. 1324, provides in part that Heading 8482:
covers all types of ball...bearings. They are used in place of smooth metal bearings and enable friction to be considerably reduced. They...may be designed to give radial support (radial bearings) or to resist thrust (thrust bearings). Certain bearings may be designed for both radial and thrust support.

Normally, bearings consist of two concentric rings (races) enclosing the balls or rollers, and a cage which keeps them in place to ensure that their spacing remains constant.

Owing to the high pressure to which they are exposed, bearings are normally of steel (especially chromium steel), though some for particular uses are of...plastics.

[emphasis added]

The three items under consideration function to reduce the friction and resist the thrust resulting from the rotation of the rollers and spools which the items support. The metal and plastic balls in the items are rolling elements used specifically for this purpose. The integral clip of the outer section of item 2 is merely for attachment purposes and does not make the item something other than a ball bearing. The three articles are described by Heading 8482 as ball bearings.

The ruling requestor makes numerous arguments as to why the items should not be classified as ball bearings in Heading 8482.

The arguments that the items are identifiable parts of machinery classified as Chapter 90 parts, and are excluded from Heading 8482 by Section XVI Note 1(m), are disposed of by Chapter 90 Note 2(a) which specifically provides that the items are classified in Chapter 84 if they are goods described in Chapter 84.

The argument that the items do not conform to the meaning of "ball bearings" for many alleged reasons is misplaced. The Explanatory notes to Heading 8482 provide guidance that Heading 8482 clearly covers plastic ball bearings. Additionally, we do not believe there is a requirement that a ball bearing not be classified as a ball bearing if it is not designed to handle a certain degree of stress. The bearings under consideration are precisely designed to function in and tolerate the chemical environment of photographic film developers, an environment in which many other types of bearings would not properly function.

The items are not housed bearings, machinery parts incorporating bearings, or "more than" bearings, as alleged by the ruling requestor. The outer rings or sections do not house ball bearings or enable the items to perform functions other than those of ball bearings. The outer rings or sections, with their grooved ball pathways, function as outer races and may have integral clips for attachment purposes. The fact that the inner and outer races are of plastic and may be readily molded into special shapes does not make the items something other than ball bearings. Heading 8482 clearly covers plastic ball bearings. Explanatory Notes, p. 1324.

NY 867990 (November 12, 1991) correctly classified items 1 and 2 as radial bearings in subheading 8482.10.50, HTSUS, and item 3 as ball bearings with integral shafts in subheading 8482.10.10, HTSUS, and is affirmed.

HOLDING:

NY 867990 (November 12, 1991) correctly classified items 1 and 2 as radial bearings in subheading 8482.10.50, HTSUS, and item 3 as ball bearings with integral shafts in subheading 8482.10.10, HTSUS, and is affirmed.

Sincerely,


Previous Ruling Next Ruling

See also: