HQ 089310
September 6 1991
CLA-2:CO:R:C:M 089310 JAS
Ms. Susan Dinkel
Tente Casters, Inc.
P.O. Box 18638
Erlanger, Kentucky 41018
RE: Ball Covers; Parts of Swivel Castors; New York Ruling
861285 Modified
Dear Ms. Dinkel:
By letter dated March 6, 1991 to the District Director of
Customs, Cleveland, Tente Casters, Inc., requested a
classification ruling on covered plastic plain bearing bushings,
metal ball covers and inner ball covers.
In a reply dated March 21, 1991 (NY 861285), the Area
Director of Customs, New York Seaport, provided the applicable
subheadings of the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA), for these articles. The New York
office has requested that we reconsider that portion of ruling
861285 concerning ball covers.
FACTS:
The metal ball cover (part 2440/125) and inner ball cover
(parts 2447/125 and 2441/200) are spherical steel articles that
enclose a bearing and part of the fork which, together with a
wheel and axle, make up a castor used with hospital beds and
other hospital furniture.
ISSUE:
What is the proper classification of the metal ball covers.
LAW AND ANALYSIS:
New York ruling 861285 in part held that the ball covers
were classifiable in subheading 8302.49.8090, Harmonized Tariff
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Schedule of the United States Annotated (HTSUSA), a provision for
other mountings, fittings and similar articles. The rate of
duty is 5.1 percent ad valorem. This classification opinion was
predicated on the language of heading 8302 as it appeared in the
Explanatory Notes which did not appear to cover parts of base
metal mountings, fittings, and similar articles. In fact, the
metal ball covers are parts of castors. Therefore, the provision
in subheading 8302.20.0000, HTSUSA, castors and parts thereof
represents the correct classification. The rate of duty is 5.7
percent ad valorem.
HOLDING:
The metal ball covers in issue are classifiable in
subheading 8302.20.0000, HTSUSA, as indicated. New York ruling,
dated March 21, 1991 (861285), is modified under the authority of
section 177.9(d), Customs Regulations.
Sincerely,
John Durant, Director
Commercial Rulings Division