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HQ 962693




February 25, 2000

CLA-2 RR:CR:GC 962693 AML

CATEGORY: CLASSIFICATION

TARIFF NO.: 8414.90.40

Port Director
U.S. Customs Service
P.O. Box 61905
Dallas/Fort Worth Airport, TX 75261

RE: Protest 5501-99-100072; parts of a scroll compressor.

Dear Port Director:

The following is our decision regarding protest 5501-99-100072, concerning your classification of rotation prevention devices that are parts of a scroll compressor pursuant to the Harmonized Tariff Schedule of the United States (HTSUS). Photocopies were provided for our examination. Consideration was given to arguments and demonstrative samples presented at a meeting held at Customs Headquarters on September 23, 1999, as well as written submissions dated August 13,1999 and October 22, 1999.

FACTS:

The articles: an orbiting race, part # 3200-0270; a fixed race, part # 3200-0450; an orbiting ring, part # 2000-0281; and a fixed ring, part # 2000-0511, are described as anti-rotation devices designed to be used exclusively in a scroll compressor in automotive air conditioning systems. Specifically, the articles are component parts of the scroll compressor of the air conditioner. The protestant claims that the articles, as entered, do not possess the essential character of ball bearings (anti-friction devices) or components thereof as provided for in heading 8482, HTSUS. Rather, the protestant suggests, because the articles perform the distinct function of preventing rotation of the fixed scroll, the articles are classifiable in heading 8414, HTSUS, which provides for compressors and parts thereof.

The articles were entered in September, 1998, and the entries were liquidated on December 4, 1998, and January 8, 1999, with classification of the “races” in subheading 8482.99.05, HTSUS, as inner or outer rings or races for ball bearings, and the “rings” in subheading 8482.99.05, HTSUS, as parts of ball bearings. Two protests concerning these articles were filed on March 3, 1999: protest 5501-99-100071 and 5501-99-100072, with protest 5501-99-100072 being designated as the lead protest.

ISSUE:

Whether the anti-rotation devices (an orbiting race, part # 3200-0270; a fixed race, part # 3200-0450; an orbiting ring, part # 2000-0281; and a fixed ring, part # 2000-0511) are classifiable under subheading 8414.90.40, HTSUS, as compressor parts; or subheading 8482.99.05, HTSUS, as parts of ball bearings?

LAW AND ANALYSIS:

Initially we note that the protest was timely filed (i.e., within 90 days after but not before the notice of liquidation; see 19 U.S.C. 1514 (c)(3)(A)) and the matter is protestable (see 1514 U.S.C. 1514 (a)(2) and (5)).

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 1998 HTSUS subheadings under consideration are as follows:

8414 Air or vacuum pumps, air or other gas compressors and fans; ventilating or recycling hoods incorporating a fan, whether or not fitted with filters; parts thereof :
8414.90 Parts:
Of compressors:
8414.90.40 Other.

8482 Ball or roller bearings, and parts thereof:
Parts:
8482.99 Other:
Inner or outer rings or races:
8482.99.05 For ball bearings.

Other:
8482.99.35 Parts of ball bearings
(including parts of ball bearings with integral shafts).

The articles in question are parts of a scroll compressor contained in an automotive air conditioner. Whether the articles are classified as anti-friction devices or as parts of a compressor, the articles will be classified in Chapter 84, which provides for, inter alia, machinery and mechanical appliances and parts thereof. Section XVI (in which Chapter 84 is found), note 2, HTSUS, states that:

[s]ubject to note 1 to this section, note 1 to chapter 84 and to note 1 to chapter 85, parts of machines (not being parts of the articles of heading 8484, 8544, 8545, 8546 or 8547) are to be classified according to the following rules:

(a) Parts which are goods included in any of the headings of chapters 84 and 85 (other than headings 8485 and 8548) are in all cases to be classified in their respective headings;

(b) Other parts, if suitable for use solely or principally with a particular kind of machine, or with a number of machines of the same heading (including a machine of heading 8479 or 8543) are to be classified with the machines of that kind. However, parts which are equally suitable for use principally with the goods of headings 8517 and 8525 to 8528 are to be classified in heading 8517;

(c) All other parts are to be classified in heading 8485 or 8548.

Subject to certain exceptions not relevant here, goods that are identifiable parts of machines or apparatus of Chapter 84 or Chapter 85 are classifiable in accordance with Section XVI, Note 2, HTSUS. Nidec Corporation v. United States, 861 F. Supp. 136, aff'd, 68 F. 3d 1333 (1995). Parts, which are goods included in any of the headings of Chapters 84 and 85, are in all cases to be classified in their respective headings. See Note 2(a). Other parts, if suitable for use solely or principally with a particular machine, or with a number of machines of the same heading, are to be classified with the machines of that kind. See Note 2(b).

The protestant alleged in its submissions and demonstrated during the meeting at Customs Headquarters that the articles in question are parts that are suitable for use solely or principally with a particular kind of machine: a scroll compressor for an automobile air conditioner. The basis of protestant’s claim is that the articles differ in material respects in form and function from traditional anti-friction devices, i.e., ball bearings, rings and races, as to require classification as parts of the scroll compressor rather than as ball bearings and parts thereof. Therefore, in accordance with the section note, we must determine whether the articles are classifiable as parts of ball bearings or whether they are classifiable as parts of the scroll compressor of the automobile air conditioner.

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. Customs believes the ENs should always be consulted. See T.D. 8980. 54 Fed. Reg. 35127, 35128 (Aug. 23, 1989).

Relevant ENs to heading 8482 provide at p. 1433, in pertinent part:

This heading 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. They are generally fitted between the bearing housing and the shaft or axle, and 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 and ensures that their spacing remains constant.

The bearings classified in this heading include:

(A) Ball bearings, with single or double rows of balls. This group also includes slide mechanisms with bearing balls, for example:

(1) Those consisting of a steel outer ring rigidly locked with a brass inner ring which has six slots arranged lengthwise and in the shape of elongated ellipses enclosing small steel balls.

(2) The restricted-travel type, of steel, comprising a grooved cylinder, a ball cage and a housing.

(3) The free-travelling type, of steel, comprising a segment, a casing enclosing the bearing balls, and a guide rail with a groove of triangular section.

(B) Roller bearings, with single or double rows of rollers of any shape (cylindrical, conical, barrel-shaped, etc.).

(C) Needle roller bearings. These differ from ordinary roller bearings in that they are bearings with cylindrical rollers of a uniform diameter not exceeding 5 mm and having a length which is at least three times the diameter. The ends of the rollers may be rounded (see Subheading Note 2 to the Chapter). These rollers are fitted between the two rings of the bearing and in most cases no cage is used.

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 bronze, copper or plastics.

PARTS

The heading also covers parts of ball, roller or needle roller bearings, e.g. :

(1) Polished steel balls (whether for bearings of this heading or not), the maximum and minimum diameters of which do not differ from the nominal diameter by more than 1 % or by more than 0.05 mm whichever is less; balls not conforming to this definition are classified in heading 73.26 (see Chapter Note 6).

(2) Bearing balls of copper, bronze, plastics, etc.

(3) Needles or rollers for bearings, of any shape.

(4) Rings, cages, fixing sleeves, etc.

The heading does not cover machinery parts incorporating ball, roller or needle roller bearings; these are classified in their own appropriate headings, e.g. : (a) Bearing housings and bearing brackets (heading 84.83). (b) Bicycle hubs (heading 87.14).

In Headquarters Ruling Letter (HQ) 962384, dated January 25, 1999, we stated that:

The outer portion of some bearings is significantly reinforced in thickness to provide weight-carrying capability. In addition, the inner and outer diameter surfaces are slightly contoured to permit the bearing to fit into and roll smoothly in a track. Known by various names, articles that function to position, hold and guide moving parts, as well as reduce friction between the moving parts and fixed parts, have been held to be ball or roller bearings of heading 8482. See THK America, Inc. v. United States, 17 CIT 1169 (1993), and lexicographic sources cited.

The primary distinction between the articles in question and the anti-friction devices described in EN 8482 is that the articles in question do not roll or rotate along a track in the “races.” Rather, the articles convert concentric motion to eccentric motion, thereby preventing rotation of the scrolls of the compressor. Protestant alleged and demonstrated at the meeting that if the scrolls were to rotate, the scrolls would “lock up” (malfunction) and require repair. Further differences that distinguish the articles from the anti-friction devices described by heading 8482 are that the articles in question do not utilize a cage or separator as in a common ball bearing/race design, they utilize pinions to keep the rings separate. Further, there is not a concentric set of races; the rings are offset in order to perform the function of converting concentric motion to eccentric motion. Additionally, the steel balls in the articles in question do not roll around a smooth surface. Instead, they orbit without revolution in a confined amount of space, without rolling around the entire circumference of the rings. By design, such rolling of the steel balls is impossible; the rings are fabricated without a track to guide the balls. The design actually is intended to create and maintain mechanical interference. Simply stated, the articles are designed to increase, rather than reduce, friction. Such a design and function prevents the classification of the articles as ball bearings and parts thereof because the intended function of those articles is to reduce friction. Therefore, because of this additional function, and by operation of note 2(a) of Section XVI, the articles cannot be classified in heading 8482, HTSUS.

The ENs to heading 8414, provide at p. 1260, in pertinent part:

This heading covers machines and appliances, hand-operated or power driven, for the compression of air or other gases, or for creating a vacuum, and also machines for circulating air or other gases.

Compressors, air pumps, fans, blowers, etc., specially constructed for use with other machines remain classified in this heading and not as parts of such other machines.

PARTS

Subject to the general provisions regarding the classification of parts (see the General Explanatory Note to Section XVI), parts of the goods of this heading are also classified here (e.g., pump or compressor bodies, blades, rotors or impellers, vanes and pistons).

It is well established that an article is to be classified according to its condition as imported . . . .” XTC Products, Inc. v. United States, 771 F.Supp. 401, 405 (1991). See also, United States v. Citroen, 223 U.S. 407 (1911). The protestant has demonstrated that the articles are designed and intended to solely and principally be used with scroll compressors in automotive air conditioners, and that the articles in question have distinguishable features and additional functions when compared to the anti-friction devices provided for in heading 8482, HTSUS. As such, the articles cannot be classified within heading 8482, especially when the design and function has been demonstrated to prevent rotation, rather than decrease friction, the function that is common among the articles classifiable in heading 8482, (see the ENs to heading 8482). Accordingly, the articles are classifiable in heading 8414, HTSUS, as parts of compressors for automotive air conditioners.

The Customs Service has been designated to administer the HTSUS. Therefore, the classification of imported merchandise is a matter properly determined by this agency. The determination of whether specific merchandise is subject to antidumping duties is within the purview of the International Trade Administration (ITA), U.S. Department of Commerce. The Court of International Trade has stated:

The Court distinguishes between the authority of the Customs Service to classify according to tariff classifications (19 U.S.C. 1500) and the power of the agencies administering the antidumping law to determine a class or kind of merchandise. The determinations under the antidumping law may properly result in the creation of classes which do not correspond to classification found in the tariff schedules or may define or modify a known classification in a manner not contemplated or desired by the Customs Service.

Royal Business Machines, Inc., et al v. U.S., 1 CIT 80, 87 (1980), 507 F.Supp. 1007, aff'd, 669 F.2d 692 (1982). Thus, the Commerce Department's antidumping scope determination applies to the merchandise named in that determination regardless of where Customs classifies that merchandise. Therefore, the rational stated in the final scope ruling excluding certain scroll compressor parts from the Antidumping Duty Order on antifriction ball bearings (other than tapered roller bearings) and parts thereof from the Japan (A-588-804) is not determinative as to the classification of the anti-rotation devices at issue in this case.

HOLDING:

The anti-rotation devices (an orbiting race, part # 3200-0270; a fixed race, part # 3200-0450; an orbiting ring, part # 2000-0281; and a fixed ring, part # 2000-0511) are classifiable under subheading 8414.90.40, HTSUS, as compressor parts.

The protest should be GRANTED. In accordance with Section 3A(11)(b) of Customs Directive 099 3550-065, dated August 4, 1993, Subject: Revised Protest Directive, you are to mail this decision, together with the Customs Form 19, to the protestant no later than 60 days from the date of this letter. Any reliquidation of the entry or entries in accordance with the decision must be accomplished prior to mailing the decision. Sixty (60) days from the date of the decision, the Office of Regulations and Rulings will make the decision available to Customs personnel, and to the public on the Customs Home Page on the World Wide Web at www.customs.gov, by means of the Freedom of Information Act, and other methods of public distribution.

Sincerely,


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