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NY B89054




September 23, 1997

CLA-2-84:RR:NC:2:102 B89054

CATEGORY: CLASSIFICATION

TARIFF NO.: 8482.10.5064

Mr. Russell Wadleigh
Beumer Corporation
783 East Main St.
Bridgewater, NJ 08807

RE: The tariff classification of a supporting roller from Germany

Dear Mr. Wadleigh:

In your letter dated July 18, 1997 you requested a tariff classification ruling.

The item in question is a "supporting roller" for palletization machines. You indicate the rollers are specially designed and manufactured for use in Beumer's palletization machines and are imported separately as spare parts. A sample of a supporting roller, identified as article number 500303, and descriptive literature were submitted.

The descriptive information indicates that the supporting rollers are typically used in the various lifting devices found in palletization machines. The primary function of the rollers is to allow the frames and platforms used to carry material loads to move freely along the fixed uprights necessary to support those loads.

The sample supporting roller consists of a roller assembly which rotates upon a steel shaft protruding perpendicularly from a square steel mounting plate. The steel shaft is grooved to accept a retaining clip which secures the roller assembly to the mounting shaft. The mounting plate provides a means of affixing the support roller to the component(s) that will carry the material load.

The roller assembly consists of a double-flanged outer steel ring, two sealed radial ball bearings and a spacer ring. The two ball bearings are separated by the spacer ring and pressed into the inner diameter of the flanged steel ring. The double flanges form a channel-shaped cross section on the outer steel ring which allows the roller to "track" along the length of a suitably designed support rail. The component ball bearings minimize the friction caused by this movement. Although the supporting roller may be specially engineered for use as a roller to roll on a structural support, by function and design it retains the essential character of a radial ball bearing.

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.

Heading 8482, HTSUS, provides for ball bearings by name. In the absence of contrary legislative intent, judicial decision, or administrative practice, a tariff provision designating an article or class of articles eo nomine, by name, will include all forms of the named article. Under the authority of GRI 1, the supporting roller is provided for in heading 8482.

In your letter you request that the supporting rollers be treated for tariff purposes as parts of palletization machines and classified in the appropriate parts provision under heading 8422.

Heading 8482 is in HTSUS chapter 84. Chapter 84 is in section XVI of the HTSUS. Section XVI, note 2(a), HTSUS requires that parts which are goods included in any of the headings of chapter 84 are in all cases to be classified in their respective headings. Because we find that the support roller is a good provided for in heading 8482, under section XVI, note 2(a), HTSUS, the support roller is precluded from classification as parts under HTSUS heading 8422.

The applicable subheading for the support roller will be 8482.10.5064, HTSUS, which provides for other radial ball bearings. The rate of duty will be 9.8 percent ad valorem.

It is the opinion of this office that the supporting roller would be subject to anti-dumping margins under current Department of Commerce orders relating to ball bearings. Please contact your local port for the specific margins and the associated dumping case numbers. If you desire a formal determination regarding the applicability of dumping to your products, please write directly to the Office of Compliance, Department of Commerce, Washington, D.C.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kenneth T. Brock at 212-466-5493.

Sincerely,

Robert Swierupski
Director

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