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NY K85589




May 25, 2004
CLA-2-84:RR:NC:1:102 K85589

CATEGORY: CLASSIFICATION

TARIFF NO.: 8482.10.5052

Ms. Karin Bogue
Komatsu
Ripley Parts Operations
101 N. Industrial Rd.
Ripley, TN 38063

RE: The tariff classification and marking of a bearing set from Germany

Dear Ms. Bogue:

In your letter dated April 21, 2004 you requested a tariff classification and marking ruling on behalf of Komatsu.

The article in question is described as a “bearing set assembly”, part number 91220340, consisting of six individual parts. The individual parts are a hex head dowel screw, part number 51641198, two distance sleeves, part number 90329940, a ball bearing, part number 36042799, and two aluminum plates, part number 51641298. The bearing set assembly will be imported and sold to the end user packaged together in one box and is used with a separately supplied nut to attach an hydraulic ladder to a PC5500 Excavator. You indicate that the bearing included in the set is a single row, ball bearing having an outside diameter of 90 millimeters.

Although the bearing assembly set consists of components packaged together as a set for retail sale, we agree with you that it is not classifiable as a set for tariff purposes. The bearing set assembly is a collection of parts that will be separately classified.

The applicable subheading for the ball bearing will be 8482.10.5052, Harmonized Tariff Schedule of the United States (HTSUS), which provides for single row, radial ball bearings over 52 mm but not over 100 mm. The rate of duty will be 9 percent ad valorem.

We need additional information in order to issue a ruling with regard to the other components contained in the bearing set assembly. Please provide a sample or a detailed technical drawing of the dowel screw, distance sleeve and aluminum plates. What purpose(s) do the distance sleeve and aluminum plates serve? Do the aluminum plates serve as washers or seals? When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to the Bureau of Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

In your request you also inquire as to the proper marking of the outer carton and contents of the bearing set assembly. You indicate that the origin of the ball bearing is Italy, while the origin of the remaining components is Germany. The set is packaged in Germany.

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 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 USC 1304.

The outer carton, which is the container in which the components will reach the ultimate purchaser, must be marked to indicate the origin of each of the components contained in set. Please note that simply packaging the set in Germany does not impart origin and the origin of the bearing will remain as Italy.

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 646-733-3009.

Sincerely,

Robert B. Swierupski
Director,

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