CLA-2 CO:R:C:G 086409 JMH
Mr. Michael O'Neill
O'Neill & Whitaker, Inc.
1809 Baltimore Ave.
Kansas City, MO 64108
RE: Needle roller bearings
Dear Mr. O'Neill:
Your December 19, 1989, request for a classification ruling
under the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA) for certain needle roller bearings on behalf
of Tilden Corporation has been referred to this office for a
reply.
FACTS:
The article in question is a needle roller bearing, Part
#ROW/K1603/32 (1603/32), to be imported from West Germany.
Bearing 1603/32 has a roller diameter of 4.76 mm (3/16 inch). (1
inch = 25.4 mm). This bearing has a roller length of 50.8 mm (2
inches).
ISSUE:
Whether bearing 1603/32 is a "needle roller bearing" or an
"other cylindrical roller bearings" within heading 8482, HTSUSA,
which describes "Ball or roller bearings, and parts thereof..."
LAW AND ANALYSIS:
The classification of merchandise under the HTSUSA is
governed by the General Rules of Interpretation (GRI's). GRI 1,
HTSUSA, 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...according to the
following provisions..."
-2-
The appropriate heading in this instance is heading 8482,
HTSUSA. The terms of heading 8482 provides eo nomine for roller
bearings. The headings describes "Ball or roller bearings, and
parts thereof..." Thus, the only question remaining is the
classification within the subheadings.
GRI 6, HTSUSA, one the GRI 1's "following provisions",
provides that the same process used to determine the proper
heading is also used to determine the appropriate subheading.
There are two possible subheading classifications for the needle
roller bearings in question, subheadings 8482.40.00 and
8482.50.00, HTSUSA. These subheadings describe
8482.40.00 Needle roller bearings...
8482.50.00 Other cylindrical roller bearings...
Initially, it would appear that bearing 1603/32 fits within
subheading 8482.40.00. However, the Explanatory Notes to the
HTSUSA furnish details for the subheadings. The Explanatory
Notes are not dispositive, but are to be looked to for guidance
in the proper interpretation of the HTSUSA. 54 Fed. Reg. 35127,
35128 (August 23, 1989). Explanatory Note 84.82 (C) states that
needle roller bearings are "cylindrical rollers of a uniform
diameter not exceeding 5 mm and having a length which is at least
three times the diameter." (emphasis added) Explanatory Note
84.82 (C), Harmonized Commodity Description and Coding System
(HCDCS), Vol. 3, p. 1324.
Bearing 1603/32 has a roller diameter of 4.76 mm. A roller
length at least three times this size would equal 14.28 mm. The
bearing in question has a length of 50.8 mm. It is the opinion
of this office that the Explanatory Notes should be followed.
Therefore, the roller bearing in question meets the terms of
subheading 8482.40.00, since the roller length is at least three
times the roller diameter.
Bearing 1603/32, because of its size, is properly
classifiable within subheading 8482.40.00, as "...Needle roller
bearings..."
HOLDING:
The needle roller bearing, Part #ROW/K1603/32 (1603/32), has
a roller length greater than three times its roller diameter.
-3-
This length qualifies the bearing for classification within
subheading 8482.40.00, as "Ball or roller bearings, and parts
thereof...Needle roller bearings..."
Sincerely,
John Durant, Director
Commercial Rulings Division