NY NY809 - The tariff classification of rolling and sliding bearings from China. - United States International Trade Commision Rulings

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NY C88184

June 18, 1998

CLA-2-84:RR:NC:1:102 C88184

CATEGORY: CLASSIFICATION

TARIFF NO.:8482.10.5004; 8483.20.4040; 8483.30.8090

Ms. Kimberly Anderson

Samuel Shapiro & Company, Inc.

World Trade Center (Suite 1200)

401 East Pratt Street

Baltimore, MD 21202-3044

RE: The tariff classification of rolling and sliding bearings from China.

Dear Ms. Anderson:

In your letter dated May 18,1998 you requested a tariff classification ruling on behalf of your client OMI Industries.

A sample of each of the items in question was submitted. The items include:
a radial ball bearing, housed in a flanged steel casting;
four flanged, light-duty radial ball bearings, with unground races and an outside diameter of 2 inches;
and a nylon plain shaft bearing.

Although you indicate that the bearings will be manufactured in China, the samples are not consistently marked to indicate China as the country of origin.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. §1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Part 134, Customs Regulations (19 C.F.R. Part 134), implements the country of origin marking requirements and exceptions of §1304.

The applicable subheading for the housed bearing will be 8483.20.4040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for housed bearings, incorporating ball bearings. The rate of duty will be 4.7 percent ad valorem.

The applicable subheading for the four flanged, radial bearings, with unground races, will be 8482.10.5004, HTSUS, which provides for unground ball bearings. The rate of duty will be 9.4 percent ad valorem.

The applicable subheading for the nylon plain shaft bearing, will be 8483.30.8090, HTSUS, which provides for other plain shaft bearings, without housings. The rate of duty will be 4.7 percent ad valorem.

Articles produced in China would not be subject to anti-
dumping margins under current Department of Commerce orders relating to ball bearings and plain shaft bearings. However, 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,

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