CLA-2 CO:R:C:G 087329 MBR
Mr. Richard M. Belanger
Sixth Floor
1001 Pennsylvania Ave., N.W.
Washington, D.C. 20004
RE: Ceramic bearings
Dear Mr. Belanger:
This is in reply to your letter of June 4, 1990, on behalf
of Koyo Seiko Co., Ltd., requesting classification of ceramic
bearings, under the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA).
FACTS:
Classification of three configurations of ceramic bearings
has been requested:
1. In the first of these configurations, the operating
components are all composed of ceramic material. Specifically,
this configuration consists of two concentric ceramic rings
(races), between which are placed a series of ceramic balls or
rollers (rolling elements). A retainer holds the ceramic balls
or rollers in place.
2. The second configuration of ceramic bearings is identical to
the first ceramic bearing described above, except that the outer
race of this second bearing configuration is composed of high
carbon chromium bearing steel.
3. The third configuration is similar to the first two, except
that this configuration utilizes inner and outer races composed
of bearing steel.
The ceramic material used in ceramic bearings is composed
entirely of sintered silicon nitride. The retainer is composed
of various materials, in accordance with each application and
operating conditions. No sample was submitted.
-2-
ISSUE:
What is the classification of ceramic bearings with ceramic
races or bearing steel races, under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA)?
LAW AND ANALYSIS:
The General Rules of Interpretation (GRI's) to the HTSUSA
govern the classification of goods in the tariff schedule. GRI 1
states, in pertinent part:
...classification shall be determined according to the terms
of the headings and any relative section or chapter notes...
The ceramic bearings are prima facie classifiable under two
headings. These headings are 8482 and 6909, HTSUSA, which
provide for:
8482 Ball or roller bearings, and parts thereof.
* * * * * * * * * * * * *
6909 Ceramic wares for laboratory, chemical or other
technical uses
However, chapter 84, legal note 1. states, in pertinent
part:
1. This chapter does not cover:
(b) Appliances or machinery (for example, pumps) or
parts thereof, of ceramic material (chapter 69).
The Harmonized Commodity Description and Coding System
Explanatory Notes (EN), General Explanatory Notes to chapter 84,
page 1137, state:
Since ceramic articles and parts thereof (Chapter 69),
laboratory glassware (heading 70.19 or 70.20) are excluded
from this Chapter, it follows that even if a machine or
mechanical appliance is covered, because of its description
or nature, by a heading of this Chapter it is not to be
classified therein if it has the character of an article of
ceramic materials or of glass.
Ceramic bearings function in the same manner as conventional
bearings. However, ceramic bearings possess specific unique
qualities which render them necessary or particularly desirable
for certain applications otherwise inappropriate for conventional
-3-
bearings. In particular, ceramic bearings possess higher thermal
resistance, corrosion resistance, resistance to magnetization,
they are light weight and they do not require lubrication.
Thus, they are particularly suited to applications such as:
chemical, food, steel, textile, automotive, and electrical.
Therefore, ceramic bearings are utilized primarily in
applications suited particularly to their specific properties.
For this reason, it is Customs position that all three
configurations of ceramic bearings have the character of an
article of ceramic material, and are thus not classifiable in
chapter 84.
HOLDING:
All three configurations of ceramic bearings are
classifiable under 6909.19.50, HTSUSA, which provides for:
"[c]eramic wares for laboratory, chemical or other technical
uses: [o]ther: [o]ther." The rate of duty is 8 percent ad
valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division