NY 860665
MAR 15 1991
CLA-2-84:S:N:N1:102 860665
Mr. Thomas G. Harris
Schlafhorst, Inc.
P.O. Box 240828
8801 South Boulevard
Charlotte, NC 28217
RE: The tariff classification of top rollers for use on textile
machinery from Germany
Dear Mr. Harris:
In your letter dated February 13, 1991 you requested a
tariff classification ruling.
Your inquiry described the subject roller as a "double
needle bearing with internal shaft combined with integrated ball
thrust bearing." The unit functions as a roller on a Zinser draw
frame, which in turn is used to spin yarn. For this application
the roller will have a cot, or rubber-like sleeve, pressed over
it after importation. By construction we would define this
roller as an integral shaft ball/needle roller bearing. The
issue of the classification of a ball/roller integral shaft
bearing was resolved by the Court of International Trade in FAG
Bearings, Ltd. v. U.S. (Slip Op. 85-52) dated May 2, 1985.
The applicable subheading for the top roller, imported
without a cot will be 8482.10.1040, Harmonized Tariff Schedule of
the United States (HTS), which provides for ball bearings with
integral shafts, having an outside diameter not over 30 mm. The
rate of duty will be 4.2 percent ad valorem.
It is the opinion of this office that the top roller
bearing would not be subject to antidumping duties under the
current Department of Commerce antifriction bearing dumping
investigation, as published in the Federal Register on May 15,
1989. The grounds for this determination are that we would
consider this to be covered under the exclusion for needle roller
bearings. Should you desire a binding ruling on the
applicability of this ADA case to your merchandise, please write
directly to the Department of Commerce, Office of Compliance,
Washington, D.C.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport