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NY 801838



October 11, 1994

CLA-2-84:S:N:N3:102 801838

CATEGORY: CLASSIFICATION

TARIFF NO.: 8483.30.8020; 8483.20.4080

Mr. Thomas J. O'Donnell
O'Donnell, Byrne & Williams
20 North Wacker Drive, Suite 3710
Chicago, IL 60606

RE: The tariff classification of housed linear ball bearings, housings, and shaft supports for linear ball bearings from Japan

Dear Mr. O'Donnell:

In your letter dated August 23, 1994, on behalf of your client, NB Corporation of America, Inc., you requested a tariff classification ruling.

The items involved in this request consist of block type housings for linear ball bearings; end shaft and full shaft supports for linear ball bearings; and linear ball bearings pre-mounted into block housings. The block housings are used to encase the ball bushing while it is riding on the shaft and provide a mounting point for other items (i.e. a work table on a machine tool center) to be attached to the bearing assembly.

The end shaft supports are simple devices used to hold either end of the bearing shaft in a stationary and raised position. They do not contain any other devices in them. The shaft support rails perform a similar function except that they support the shaft from underneath and can be positioned in such a way as to provide support for the entire length of the shaft. The rails are inverted V shaped, with a concave channel at their top into which the bottom of the shaft rests. The housed slide bushes are basically linear recirculating ball bearings already mounted into matching block housings.

In your inquiry you stated that it was your opinion that the end shaft supports should be classified under Harmonized Tariff Schedule (HTS) number 7616.90.0060 (articles of aluminum) or HTS item 7325.99.1000 (articles of steel) depending on material composition. You opted for these provision on the grounds that the bearing assemblies that incorporated end shaft supports were not principally used in any one application or industry, and that they did not function as bearing housings. In contrast to this, it was your belief that the shaft support rails, because they are primarily used on machine tools, should be classified under HTS item 8466.93.4580 as parts of machine tools. While we do concede that the support units are neither parts of the bearings nor bearing housings, we are unable to provide you with a definitive classification at this time. What is first needed is confirmable evidence showing the principal uses of both support systems. While the traditional uses of linear bearing systems have been in the machine tool industry, this situation has been undergoing significant changes in the last few years.

The applicable subheading for the linear bearing housings will be 8483.30.8020, Harmonized Tariff Schedule of the United States (HTS), which provides for bearing housings for ball or roller bearings. The rate of duty will be 5.7 percent ad valorem. The housed linear bearings are classifiable under the provision for housed bearings, incorporating ball or roller bearings, other, HTS item 8483.20.4080. They are subject to a duty rate of 5.7 percent ad valorem.

It is the opinion of this office that the instant bearing would not be subject to anti-dumping (ADA) or countervailing duty (CVD) margins under the current Department of Commerce ADA and CVD findings on bearings, as published on May 15, 1989. If you desire a binding scope determination on the applicability of either anti-dumping or countervailing duty to your product, please write directly to the Office of Compliance, Department of Commerce, 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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