CLA-2 RR:TC:MM 960049 JAS
Mr. John A. Slagle
Wolf D. Barth Co., Inc.
7575 Holstein Ave.
Philadelphia, PA 19153
RE: NY 853708 Revoked; Automotive Wheel Hub Unit, Wheel Hub 2,
Double Row, Angular Contact Ball Bearing With Flanged Outer Ring and Spigot for Mounting on Front or Rear Non-Driven Wheel; HQ 950771
Dear Mr. Slagle:
In NY 853708, dated July 6, 1990, issued to you by the Area
Director of Customs, New York Seaport, on behalf of SKF U.S.A.,
Inc., the SFK Wheel Hub 2 (Series BAFB), was held to be
classifiable in subheading 8708.60.50, Harmonized Tariff Schedule
of the United States (HTSUS).
Pursuant to section 625(c)(1), Tariff Act of 1930 (19 U.S.C.
1625(c)(1)), as amended by section 623 of Title VI (Customs
Modernization) of the North American Free Trade Agreement
Implementation Act, Pub. L. 103-182, 107 Stat. 2057, 2186 (1993),
notice of the proposed revocation of NY 853708 was published on
July 23, 1997, in the Customs Bulletin, Volume 31, Number 30.
FACTS:
As described in NY 853708, the automotive wheel hub assembly
designated the SKF Wheel Hub 2 (Series BAFB), is a double row,
angular contact ball bearing. Although designed for use either
on a front or rear non-driven wheel, this wheel hub unit is
designed specifically for incorporation as the front wheel hub on
the Lincoln Town Car. Submitted literature describes the flanged
outer ring of Wheel Hub 2 as a lightweight structural component
with threaded holes or studs and a spigot to center and mount the
brake and wheel.
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ISSUE:
Whether the flanged outer ring and spigot design
configuration of Wheel Hub 2 removes it from heading 8482, HTSUS,
as ball or roller bearings, and parts thereof.
LAW AND ANALYSIS:
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 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 under the System. Customs believes
the ENs should always be consulted. See T.D. 89-80. 54 Fed. Reg.
35127, 35128 (Aug. 23, 1989).
Relevant ENs at p. 1433 state in part that heading 84.82
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. 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 heading includes ball bearings with single
or double rows of balls.
NY 853708 states, in part, that Wheel Hub 2 demonstrates
functions which are in excess of those normally associated with
ball or roller bearings. However, it is apparent that for ball
or roller bearings to function as friction-reducing elements they
must necessarily have design features which permit them to attach
to a shaft or machinery part with which they will be used. It is
our opinion that only a design feature or features which imparts
a significant additional non-friction reducing capability to a
ball or roller bearing will remove that bearing from the scope of
heading 8482. In this case, the available information indicates
the flanged outer ring and spigot on Wheel Hub 2, described as a
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lightweight structural component, facilitate centering
andmounting of the brake and wheel. We are now of the opinion
that this is a design feature common to ball or roller bearings
of this type that does not impart a significant nonfriction-
reducing capability. As such, Wheel Hub 2 remains within the
scope of heading 8482. The fact that Wheel Hub 2 may be designed
specifically for incorporation as the front wheel hub on the
Lincoln Town Car is not legally relevant because many ball or
roller bearing types are manufactured to specific engineering and
design criteria and are purchased with a particular application
in mind. See HQ 950771, dated March 23, 1992, and related
rulings. Heading 8482 describes a commodity eo nomine, by name.
In the absence of a contrary legislative intent, judicial
decision, or administrative practice, and without proof of
commercial designation, an unlimited eo nomine designation will
include all forms of the named article.
HOLDING:
Under the authority of GRI 1, the automotive wheel hub unit
designated Wheel Hub 2 (Series BAFB) is provided for in heading
8482. It is classifiable in subheading 8482.10.50, HTSUS.
NY 853708, dated July 6, 1990, is hereby revoked. In
accordance with 19 U.S.C. 1625(c)(1), this ruling will become
effective 60 days after its publication in the Customs Bulletin.
Publication of rulings or decisions pursuant to 19 U.S.C.
1625(c)(1) does not constitute a change of practice or position
in accordance with section 177.10(c)(1), Customs Regulations (19
CFR 177.10(c)(1)).
Sincerely,
John Durant, Director
Tariff Classification
Appeals Division