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HQ 960049




AUGUST 26, 1997

CLA-2 RR:TC:MM 960049 JAS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8482.10.50

Mr. John A. Slagle
Wolf D. Barth Co., Inc.
7575 Holstein Ave.
Philadelphia, PA 19153

RE: NY 853708 Revoked; Automotive Wheel Hub Unit, Wheel Hub 2, Double Row, Angular Contact Ball Bearing With Flanged Outer Ring and Spigot for Mounting on Front or Rear Non-Driven Wheel; HQ 950771

Dear Mr. Slagle:

In NY 853708, dated July 6, 1990, issued to you by the Area Director of Customs, New York Seaport, on behalf of SKF U.S.A., Inc., the SFK Wheel Hub 2 (Series BAFB), was held to be classifiable in subheading 8708.60.50, Harmonized Tariff Schedule of the United States (HTSUS).

Pursuant to section 625(c)(1), Tariff Act of 1930 (19 U.S.C. 1625(c)(1)), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, Pub. L. 103-182, 107 Stat. 2057, 2186 (1993), notice of the proposed revocation of NY 853708 was published on July 23, 1997, in the Customs Bulletin, Volume 31, Number 30.

FACTS:

As described in NY 853708, the automotive wheel hub assembly designated the SKF Wheel Hub 2 (Series BAFB), is a double row, angular contact ball bearing. Although designed for use either on a front or rear non-driven wheel, this wheel hub unit is designed specifically for incorporation as the front wheel hub on the Lincoln Town Car. Submitted literature describes the flanged outer ring of Wheel Hub 2 as a lightweight structural component with threaded holes or studs and a spigot to center and mount the brake and wheel.

ISSUE:

Whether the flanged outer ring and spigot design configuration of Wheel Hub 2 removes it from heading 8482, HTSUS, as ball or roller bearings, and parts thereof.

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 at p. 1433 state in part that heading 84.82 covers all ball, roller or needle roller type bearings. They are used in place of smooth metal bearings and enable friction to be considerably reduced. Normally, bearings consist of two concentric rings (races) enclosing the balls or rollers, and a cage which keeps them in place and ensures that their spacing remains constant. The heading includes ball bearings with single or double rows of balls.

NY 853708 states, in part, that Wheel Hub 2 demonstrates functions which are in excess of those normally associated with ball or roller bearings. However, it is apparent that for ball or roller bearings to function as friction-reducing elements they must necessarily have design features which permit them to attach to a shaft or machinery part with which they will be used. It is our opinion that only a design feature or features which imparts a significant additional non-friction reducing capability to a ball or roller bearing will remove that bearing from the scope of heading 8482. In this case, the available information indicates the flanged outer ring and spigot on Wheel Hub 2, described as a
lightweight structural component, facilitate centering andmounting of the brake and wheel. We are now of the opinion that this is a design feature common to ball or roller bearings of this type that does not impart a significant nonfriction- reducing capability. As such, Wheel Hub 2 remains within the scope of heading 8482. The fact that Wheel Hub 2 may be designed specifically for incorporation as the front wheel hub on the Lincoln Town Car is not legally relevant because many ball or roller bearing types are manufactured to specific engineering and design criteria and are purchased with a particular application in mind. See HQ 950771, dated March 23, 1992, and related rulings. Heading 8482 describes a commodity eo nomine, by name. In the absence of a contrary legislative intent, judicial decision, or administrative practice, and without proof of commercial designation, an unlimited eo nomine designation will include all forms of the named article.

HOLDING:

Under the authority of GRI 1, the automotive wheel hub unit designated Wheel Hub 2 (Series BAFB) is provided for in heading 8482. It is classifiable in subheading 8482.10.50, HTSUS.

NY 853708, dated July 6, 1990, is hereby revoked. In accordance with 19 U.S.C. 1625(c)(1), this ruling will become effective 60 days after its publication in the Customs Bulletin. Publication of rulings or decisions pursuant to 19 U.S.C. 1625(c)(1) does not constitute a change of practice or position in accordance with section 177.10(c)(1), Customs Regulations (19 CFR 177.10(c)(1)).

Sincerely,

John Durant, Director
Tariff Classification

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