CLA-2 CO:R:C:M 951049 CMS
Robert S. Smith, Esq.
McGuire, Woods, Battle & Booth
1627 Eye Street, N.W.
Washington, D.C. 20006
RE: Ball Bearings; Radial; Plastic; Antifriction; Integral
Shaft; Support; Machine Parts; Housed; Thermoplastic;
NY 867990, Affirmed; 9010.10.00; 8483.20.40
Dear Mr. Smith:
This is in response to your request dated January 22, 1992,
on behalf of Inter American Bearing Corporation (IABC), for the
reconsideration of NY 867990 (November 12, 1991).
FACTS:
NY 867990 held that three items were classified as ball
bearings in Heading 8482, Harmonized Tariff Schedule of the
United States (HTSUS).
Item 1 in NY 867990 consists of metal balls spaced in a
plastic cage contained between inner and outer plastic rings.
After importation, the products are fitted into roller spools for
photographic film developers.
Item 2 in NY 867990 consists of plastic balls spaced in a
plastic cage contained between an inner plastic ring which has a
"D" shaped bore, and an outer plastic section which is molded
into a square shape with an integral attachment clip. After
importation, a "D" shaft of a photographic film developer is
fitted into the inner ring.
Item 3 consists of two articles. Each article consists of
plastic balls spaced in a plastic cage contained between an inner
plastic shaft and an outer plastic ring. After importation, the
inner shafts of the two articles are fitted into a photographic
roller spool and the shafts are snapped together. The two
articles may be imported separately.
-2-
ISSUE:
Is the merchandise classified as ball bearings in Heading
8482, HTSUS, or as parts of photographic developing apparatus in
Heading 9010, HTSUS?
LAW AND ANALYSIS:
The HTSUS provides that the classification of articles is
governed by the General Rules of Interpretation (GRI's). GRI 1
states in pertinent part that "...classification shall be
determined according to the terms of the headings and any
relative section or chapter notes...".
After importation, the three items are installed in Chapter
90 photographic film developing apparatus. Chapter 90 Note 2
provides for the classification of parts of Chapter 90
apparatus. Chapter 90 Note 2(a) states that such parts which are
"...goods included in any of the headings of...Chapter 84...are
in all cases to be classified in their respective headings".
Heading 8482 is a Chapter 84 heading. Heading 8482 in part
describes ball bearings. The Harmonized Commodity Description
and Coding System Explanatory Notes to Heading 8482. p. 1324,
provides in part that Heading 8482:
covers all types of ball...bearings. They are used in
place of smooth metal bearings and enable friction to be
considerably reduced. They...may be designed to give
radial support (radial bearings) or to resist thrust
(thrust bearings). Certain bearings may be designed for
both radial and thrust support.
Normally, bearings consist of two concentric rings
(races) enclosing the balls or rollers, and a cage which
keeps them in place to ensure that their spacing remains
constant.
* * * * * * * * * *
Owing to the high pressure to which they are exposed,
bearings are normally of steel (especially chromium steel),
though some for particular uses are of...plastics.
[emphasis added]
-3-
The three items under consideration function to reduce the
friction and resist the thrust resulting from the rotation of the
rollers and spools which the items support. The metal and
plastic balls in the items are rolling elements used specifically
for this purpose. The integral clip of the outer section of item
2 is merely for attachment purposes and does not make the item
something other than a ball bearing. The three articles are
described by Heading 8482 as ball bearings.
The ruling requestor makes numerous arguments as to why the
items should not be classified as ball bearings in Heading 8482.
The arguments that the items are identifiable parts of
machinery classified as Chapter 90 parts, and are excluded from
Heading 8482 by Section XVI Note 1(m), are disposed of by Chapter
90 Note 2(a) which specifically provides that the items are
classified in Chapter 84 if they are goods described in Chapter
84.
The argument that the items do not conform to the meaning of
"ball bearings" for many alleged reasons is misplaced. The
Explanatory notes to Heading 8482 provide guidance that Heading
8482 clearly covers plastic ball bearings. Additionally, we do
not believe there is a requirement that a ball bearing not be
classified as a ball bearing if it is not designed to handle a
certain degree of stress. The bearings under consideration are
precisely designed to function in and tolerate the chemical
environment of photographic film developers, an environment in
which many other types of bearings would not properly function.
The items are not housed bearings, machinery parts
incorporating bearings, or "more than" bearings, as alleged by
the ruling requestor. The outer rings or sections do not house
ball bearings or enable the items to perform functions other than
those of ball bearings. The outer rings or sections, with their
grooved ball pathways, function as outer races and may have
integral clips for attachment purposes. The fact that the inner
and outer races are of plastic and may be readily molded into
special shapes does not make the items something other than ball
bearings. Heading 8482 clearly covers plastic ball bearings.
Explanatory Notes, p. 1324.
NY 867990 (November 12, 1991) correctly classified items 1
and 2 as radial bearings in subheading 8482.10.50, HTSUS, and
item 3 as ball bearings with integral shafts in subheading
8482.10.10, HTSUS, and is affirmed.
-4-
HOLDING:
NY 867990 (November 12, 1991) correctly classified items 1
and 2 as radial bearings in subheading 8482.10.50, HTSUS, and
item 3 as ball bearings with integral shafts in subheading
8482.10.10, HTSUS, and is affirmed.
Sincerely,
John Durant, Director
Commercial Rulings Division