HQ 731968
19 MAR 1990
MAR-2-05 CO:R:C:V 731968 jd
Mr. Edward Hertz
Executive Vice President
Marsuda-Rodgers International
P.O. Box 22286
5610 Union Pacific Avenue
Los Angeles, California 90022
RE: Country of origin marking requirements applicable to tapered roller
bearings and ball bearings
Dear Mr. Hertz:
This is in response to your letter of August 25, 1988, concerning
application of country of origin marking requirements to imported tapered
roller bearings and ball bearings. Customs in New York has referred your letter
to this office for reply.
FACTS:
Tapered roller bearings consist of a cup (also called the outer ring), a
cage, rollers, and a cone (also called the inner ring). In this instance, the
cup and cone are cold forged from steel bar in Romania. After deburring and
heat-treating, the unfinished cup and cone, along with finished rollers, are
sent to Israel for further processing.
In Israel the unfinished cup and cone are finished, machine ground, and
superfinished. This involves grinding the face, and outer and inner diameters
of the cup and cone, as well as honing the bearing contact surfaces of these
two components. Honing involves polishing the inner diameter of the cup and
outer diameter of the cone with very fine sandpaper to render them as smooth as
possible. Honing is the most crucial stage in the refinement of the bearing
surfaces.
The now complete cup and cone and the rollers are assembled with a cage of
Israeli origin to produce a complete tapered roller bearing. The final assembly
process is not described but we know from other experience with this type of
article that the assembly process is often as simple as force fitting the
components together.
A similar process takes place with ball bearings. Finished steel balls from
Romania, along with unfinished inner and outer rings, will be imported into
Israel. The finishing, grinding and superfinishing of the rings to prepare them
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for the balls is essentially the same processing as to prepare a cup and cone for
insertion of rollers. An Israeli cage is used to complete a finished ball bearing.
The referral memorandum from Customs in New York expresses the opinion that the
country of origin of the finished tapered roller bearing and ball bearings is Israel.
With regard to the Israeli processing they state, "It is this machining, grinding and
superfinishing in Israel that enables the cups, cones and races to achieve necessary
ABEC tolerance standards and develop those characteristics that allow it to perform as
an antifriction bearing. With the exception of the rolling elements, all of these items
are finished and assembled together in Israel. Therefore it is our opinion that the
merchandise is sufficiently transformed to allow the country of origin of the completed
bearing to be considered Israel."
ISSUE:
Based on the above description, are the Romanian components substantially
transformed by the processing in Israel so as to make Israel the country of origin, for
purposes of 19 U.S.C. 1304, of the completed tapered roller bearings and ball bearings?
LAW AND ANALYSIS:
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that
every article of foreign origin (or its container) imported into the United States shall
be marked in a conspicuous place as legibly, indelibly and permanently as the nature of
the article (or container) will permit, in such a manner as to indicate to the'ultimate
purchaser in the United States the English name of the country of origin of the article.
Section 134.1(b), Customs Regulations (19 CFR 134.1(b)), defines "country of origin"
as the country of manufacture, production or growth of any article of foreign origin
entering the United States. Further work or material added to an article in another
country must effect a substantial transformation in order to render such other country
the "country of origin" within the meaning of marking laws and regulations. The case of
U.S.v. Gibson-Thomsen Co., Inc., 27 CCPA 267 (C.A.D. 98), provides that an article used
in manufacture which results in an article having a name, character or use differing
from that of the constituent article will beconsidered substantially transformed.
In Customs ruling RM 363.2 K (April 18, 1968), it states, "The Bureau has also ruled
that a manufacturer who processes imported rough formed ball bearing races into finished
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races by grinding and related finishing processes, and who uses such finished
races in the assembly of bearings with steel balls, retai'ners (or separators),
and plates or seals of United States manufacture is considered to be the
ultimate purchaser of the imported rough formed races within the meaning of
section 1304(a), title 19, United States Code."
The finding of substantial transformation of the races by grinding and
related processes is consistent with the opinion that the cup and cone are
transformed by the grinding and honing taking place in Israel. A comparison of
the cup and cone upon importation from Romania compared with their condition
upon completion of Israeli processing shows that the essence of an antifriction
bearing, i.e., the ultrasmooth surfaces measured in millionths of inches, is
imparted by the processing in Israel.
In regard to serving the intent of the marking law, i.e., that the
ultimate purchaser should be presented with information that may influence his
decision to purchase a product, we believe an ultimate purchaser of a tapered
roller bearing or ball bearing is entitled to know the country wherein the
product acquired the characteristics of a finished bearing. In this instance,
the grinding and honing in Israel is the place where the bearing achieves ABEC
rating and becomes commercially recognized as a finished bearing. This rating
is a measure of the class or degree of precision of annular roller bearings or
ball bearings based on American National Standards Institute (ANSI)/
Antifriction Bearings Manufacturers Association (AFBMA) standard #20.
HOLDING:
Based on the'above considerations, the country of origin of the finished
tapered roller bearings and ball bearings is Israel.
John Durant
Director
Commercial Rulings Division