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HQ 951071


May 15, 1992

CLA-2 CO:R:C:M 951071 CMS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8482.10.50

Robert S. Smith, Esq.
McGuire, Woods, Battle & Booth
The Army And Navy Club Building
1627 Eye Street, N.W.
Washington, D.C. 20006

RE: Ball Bearings; Radial; Plastic; Antifriction; Support; Thermoplastic; Housed; Machine Parts; NY 867991, Affirmed, Clarified; 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 867991 (November 12, 1991).

FACTS:

NY 867991 held in part that three items were classified as ball bearings in Heading 8482, Harmonized Tariff Schedule of the United States (HTSUS). The items in NY 867991 which are the subject of the reconsideration are items 1, 2 and 5. The ruling requestor also seeks clarification regarding a statement made in NY 867991 concerning item 4.

Item 1 consists of metal balls contained between a circular plastic inner ring and a plastic flanged outer ring with two mounting holes. After importation, a roller which is used in the turning of bottles in motorized laboratory culture equipment is fitted into the inner ring.

Item 2 consists of metal balls contained between a circular plastic inner ring and a circular plastic outer ring incorporating three integral mounting clips. After importation, the vertical shaft of an aluminum wind driven building ventilation turbine is fitted through the inner ring, and the outer ring is fitted to a horizontal plate which is used in supporting the turbine.

Item 5 consists of metal balls contained between a circular plastic inner ring which is splined on its inner surface, and a circular plastic outer ring which incorporates four integral mounting clips. After importation, the paper handling drive shaft of a printer is fitted into the splined inner ring.

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 Section XVI apparatus. Section XVI Note 2 provides for the classification of parts of Section XVI apparatus. Section XVI 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 shafts which the items support. The metal balls in the items are rolling elements used specifically for this purpose. The integral clips of the outer rings of items 2 and 5 are merely for attachment purposes and do not make the items something other than ball bearings. 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 Section XVI parts, and are excluded from Heading 8482 by Section XVI Note 2(b), are disposed of by Section XVI Note 2(a) which specifically provides that the items are classified in their respective Chapter 84 heading if they are described as Chapter 84 goods.

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 perform antifriction and support functions in the apparatus in which they are installed.

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 or mounting holes 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.

The ruling requestor seeks clarification of NY 867991 due to a typographical error on page 2, second full paragraph, fifth line, where it is stated that parts number "AC85M254TLCU and AC82SP472TP" (emphasis added) are classified as bearings under subheading 8482.10.5044, HTSUS. This is a typographical error, because part number AC82SP472TP, as stated on page 2, third full paragraph, is a gear which is classified under subheading 8483.40.9000, HTSUS. NY 867991,page 2, second full paragraph,
fifth line, should be interpreted to state that parts number "AC85M254TLCU and AC825SP472FL [item 5]" are classified under subheading 8482.10.5044, HTSUS.

HOLDING:

NY 867991, page 2, second full paragraph, fifth line, should be interpreted to state that parts number "AC85M254TLCU and AC825SP472FL" are classified under subheading 8482.10.5044, HTSUS. Subject to this clarification, NY 867991 (November 12, 1991) correctly classified items 1, 2 and 5 as radial bearings in subheading 8482.10.50, HTSUS, and is affirmed.

Sincerely,


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