CLA-2 RR:CR:GC 960553 JAS
Port Director of Customs
40 South Gay Street
Baltimore, Maryland 21202
RE: PRD 1303-97-100012; Gearless Slewing Ring, Turntable Bearing, Ball Bearing; Conveyor Turntables; Parts of Conveyor System, Heading 8431; Parts of Packing or Wrapping Machinery, Heading 8422; Rollix Bearing Inc. v. U.S., Nidec Corporation v. U.S.; HQ 950771
Dear Port Director:
This is our decision on Protest 1303-97-100012, filed
against your classification under the Harmonized Tariff Schedule
of the United States (HTSUS), of gearless slewing rings, products
of Germany. The entry under protest was liquidated on October
10, 1996, and this protest timely filed on January 9, 1997.
FACTS:
The merchandise in issue is referred to, alternately, as
gearless slewing rings, turntable bearings, and conveyor
turntables. In fact, they are machined elements ranging in
diameter from 500 mm to more than 15 meters and consist of steel
inner and outer rings containing raceways incorporating rolling
elements separated by spacers, filler plugs and lubricant seals.
This class of bearings is used, for example, with agricultural
farm vehicles, cranes and excavators, and machine tools to reduce
rotational friction under a thrust load. The slewing ring under
protest is said to be used with wrapping and packaging equipment.
Specifically, the rings have drilled bolt holes that permit their
attachment to the moving and stationary parts of a conveyor used
with the equipment.
These articles are to be differentiated from geared slewing
rings, which have gear teeth cut on the inside of the inner ring.
Such slewing rings are rotated by means of a motor-driven pinion
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or worm gear which engages the teeth of the gear on the slewing
ring. This rotates and positions whatever is attached to the
slewing ring. Geared slewing rings normally derive their
essential character from the transmission gear because they
perform more of a gearing function than a friction-reducing
function due to their ability to transmit power.
Because these articles were believed to perform a friction-reducing function, the concerned import specialist liquidated
entry under a provision in HTS heading 8482 for ball bearings.
In a memorandum, dated January 8, 1997, submitted in support of
the protest, counsel maintains that the gearless slewing ring is
provided for in HTS heading 8431, as a part suitable for use
solely or principally with the machinery of heading 8425 to 8430.
Alternatively, he claims it is provided for in HTS heading 8422,
as parts of packing or wrapping machinery.
The provisions under consideration are as follows:
8422 [O]ther packing or wrapping machinery; parts thereof:
8422.90 Parts:
8422.90.90 Other
* * * *
8431 Parts suitable for use solely or principally with the machinery of headings 8425 to 8430:
Of machinery of heading 8428:
8431.39 Other:
8431.39.00 (now 80) Other
* * * *
8482 Ball and roller bearings, and parts thereof:
8482.10 Ball bearings:
8482.10.50 Other
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ISSUE:
Whether gearless slewing rings are machinery parts for
tariff purposes.
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, 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. These notes appear to describe the articles under
protest.
Counsel argues that the gearless slewing rings under protest
are not goods of heading 8482 because they have characteristics
and perform functions not appropriate to bearings of heading
8482. For example, the external flanges and bolt holes for
mounting characterize the article as a mechanical joint. We
disagree. 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 flanges and bolt holes merely facilitate the mounting of the
slewing ring onto the machine with which it will be used. These
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are design features common to all ball or roller bearings. The
fact that this particular slewing ring may be designed
specifically for incorporation into a conveyor used with
packaging machinery or equipment 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. Counsel also argues that the slewing
rings are also capable of resisting combinations of high radial,
thrust, as well as tilting loads, the latter of which is said to
be atypical of ball or roller bearings of heading 8482. We
disagree. There is no compelling evidence that resisting a
tilting load, which is a friction-reducing function, is not a
characteristic of ball or roller bearings. 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. Counsel next argues that these articles may
perform the function of transmitting motion, which is not
characteristic of bearings of heading 8482. We disagree. Geared
slewing rings do, in fact, perform such a function, but the
articles under protest are gearless. For this reason, counsel's
reliance on Rollix Bearing Inc. v. United States, 757 F. Supp.
1412 (Ct. Int'l Trade, 1991), is misplaced, as that case dealt
with geared slewing rings.
Even assuming that gearless slewing rings qualified for
tariff purposes as parts of packing machinery or as parts of
conveyors, they would still be goods included in heading 8482 and
would be so classifiable. See Nidec Corporation v. United
States, 861 F. Supp. 136, aff'd. 68 F. 3d 1333 (1995).
HOLDING:
Under the authority of GRI 1, gearless slewing rings or
turntable bearings are provided for in heading 8482. They are
classifiable in subheading 8482.10.50, HTSUS.
The protest should be DENIED. In accordance with Section
3A(11)(b) of Customs Directive 099 3550-065, dated August 4,
1993, Subject: Revised Protest Directive, you should mail this
decision, together with the Customs Form 19, to the protestant no
later than 60 days from the date of this letter. Any
reliquidation of the entry or entries in accordance with the
decision must be accomplished prior to mailing the decision.
Sixty days from the date of the decision the Office of
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Regulations and Rulings will take steps to make the decision
available to Customs personnel via the Customs Rulings Module in
ACS and to the public via the Diskette Subscription Service, the
Freedom of Information Act and other public access channels.
Sincerely,
John Durant, Director
Commercial Rulings Division