CLA-2-84:S:N:N3:102 897323
Ms. Sandy Schirrmacher
Yusen Air & Sea Service (USA) Inc.
Building 200, Tradeport Drive, Suite 201
Atlanta, GA 30364
RE: The tariff classification of stamped steel rings for bearing
seals from Japan
Dear Ms. Schirrmacher:
In your letter dated April 18, 1994, on behalf of your client,
Nakanishi Manufacturing Corporation, you requested a tariff
classification ruling.
The articles under consideration are stamped steel "washers"
used in the production of rubber-laminated seals. The finished
seals are used in the assembly of finished ball bearings where they
have the dual function of keeping dirt out of the rolling elements
while keeping grease in. In your letter you stated that your
client was importing the finished seals from their parent company
and entering them in the U.S. under HTS number 4016.93.5090, other
articles of vulcanized rubber; gaskets, washers and other seals.
Your client now wishes to import just the metal rings and complete
the vulcanization process in the United States.
It is an established fact that these particular seals are
dedicated for use in ball bearings and are considered an intrinsic
part of the bearing in which they are used. It was also previously
determined by the Customs Service that the vulcanized rubber
constituted the essential character of the seal. Had it not been
for the exclusionary language found in Section Note 1 of Section
XVI of the Harmonized Tariff Schedules, which precludes from
Section XVI "other articles of a kind used in machinery or
mechanical or electrical appliances or for other technical uses,
of vulcanized rubber other than hard rubber", we would have
classified the seals under HTS item 8482.99.3500 as other parts of
ball bearings. It should be noted that subheading 4016.93 is a
"basket" provision covering articles of rubber not more
specifically provided for in the HTS and as such has the least
level of legal specificity. These metal rings are unfinished seals
that lack the rubber element that would have caused them to be
excluded from HTS heading 8482.
It is noted that in your ruling request you stated your
opinion that these "washers" should be classifiable under HTS
subheading 7318.22.0000 as "other washers". In that these articles
do not function in the same capacity as those washers that are
covered in that subheading (i.e. - they are not designed to fit
under the head of a fastener) we must reject that classification
as inapplicable.
The applicable subheading for the metal "washers" will be
8482.99.3500, Harmonized Tariff Schedule of the United States
(HTS), which provides for other parts of ball bearings. The rate
of duty will be 11 percent ad valorem.
It is the opinion of this office that the instant merchandise
would be subject to anti-dumping (ADA) margins under the current
Department of Commerce ADA findings on bearings, as published in
the Federal Register on May 15, 1989. Please contact your local
port for the specific case numbers and percentages for each case.
If you desire a scope determination on the applicability of anti-
dumping duty to your product, please write directly to the Office
of Compliance, Department of Commerce, 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