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NY F82196





February 2, 2000

LA-2-84:RR:NC:1:102 F82196

CATEGORY: CLASSIFICATION

TARIFF NO.: 8412.90.9015

Mr. Karl F. Krueger
AEI Customs Brokerage Service
Post Office Box 5129
Southfield, Michigan 48034-5129

RE: The tariff classification of a bearing/ring kit for a rotary hydraulic motor from Canada

Dear Mr. Krueger:

In your letter dated January 6, 20000 you requested a tariff classification ruling on behalf of your client Champion Motor Graders.

The article in question is described as bearing kit, part number 97810, put up to repair a hydraulic drive motor, which is used in the front drive assembly on a Champion road grader. The kit consists of six shaft rings, 12 piston rings, a housing bearing, a hub bearing and 12 cylindrical rollers. The 12 cylindrical rollers are used as mechanical lifters within the motor assembly and do not function as antifriction bearings. The housing bearing and hub bearing are tapered roller bearings originating from Germany. Descriptive literature and technical drawings were submitted.

We find that bearing/ring kits are goods put up in sets for retail sale for the specific purpose of repairing a hydraulic motor. Accordingly, the kits shall be classified as if they consisted of the shaft rings, piston rings and cylindrical rollers which give the kits their essential character as repair parts for a rotary hydraulic motor.

The applicable subheading for the bearing/ring kits will be 8412.90.9015, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other parts of other hydraulic power engines and motors. The rate of duty will be free.

It is the opinion of this office that the antifriction bearings contained in the subject kits are not subject to antidumping duties. Tapered roller bearings from Germany are not within the scope of current orders of the Department of Commerce relating to tapered roller bearings. Should you desire a binding ruling on the applicability of dumping orders to your merchandise, please write directly to the Department of Commerce, Office of Compliance, 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 212-637-7026.

Sincerely,

Robert B. Swierupski
Director,

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