CLA-2-84:OT:RR:NC:N1:102
Mr. Gary Wieckowski II
ZF Group NAO
15811 Centennial Drive
Northville, MI 48168
RE: The tariff classification of ball joints and parts of ball joints of unspecified origin
Dear Mr. Wieckowski:
In your letter dated August 2, 2010 you requested a tariff classification ruling.
The articles in question are described as components of ball joints. Ball joints typically have a sliding spherical stud surface and race, which allows for rotation or oscillation, a housing to contain the stud and race, and sealing boot. You indicate the subject components include a steel ball stud, plastic ball race, steel or plastic housing, steel clamping ring, rubber sealing boot, plastic support ring, steel taper washer, steel or aluminum end cap, steel end/closing ring and steel sealing ring.
Based on the information made available, the completed ball joint is essentially a housed spherical plain bearing provided for in heading 8483, Harmonized Tariff Schedule of the United States (HTSUS). However, articles of HTSUS heading 8483, provided they do not constitute integral parts of engines or motors, if principally used on automotive vehicles of section XVII of the HTSUS, are excluded from HTSUS heading 8483 and fall to be classified HTSUS heading 8708, as parts of the vehicles upon which they are used. Accordingly, in the New York rulings you have noted in your request, G81525 and G82501, ball joints were classified in HTSUS heading 8708 because they were represented as complete assemblies principally used in automotive vehicles. New York rulings G81525 and G82501 do not apply to parts of ball joints.
Guidance with regard to the classification of parts of ball joints can be found in Headquarters ruling H024411, which you have also noted in your request. In H024411, plastic races for ball joints were found to be classified in heading 8483, HTSUS, as parts of bearing housings and plain shaft bearings. Because parts of ball joints are solely used as parts of a housed spherical plain shaft bearing, whether or not they ultimately find use in automotive applications, they are more specifically provided for as parts of bearing housings and plain shaft bearings and fall to be classified as such in heading 8483, HTSUS, unless otherwise excluded or more specifically provided for elsewhere in the tariff.
Thus, with the exception of the rubber sealing boot, the parts in question here fall to be classified in heading 8483, HTSUS. HTSUS heading 8483 is within section XVI of the tariff. Because note 1(a) to section XVI excludes articles of rubber from the section, the rubber sealing boot is excluded from heading 8483, HTSUS.
The applicable subheading for the complete ball joint, if not excluded by reason of its principal use, will be 8483.30.8065, HTSUS, which provides for other plain shaft bearings with housing. The rate of duty will be 4.5 percent ad valorem.
The applicable subheading for the balance of the components will be 8483.90.30000, HTSUS, which provides for other parts of bearing housings and plain shaft bearings. The rate of duty will be 4.5 percent ad valorem.
The applicable subheading for the rubber sealing boot will be 4016.99.6050, HTSUS, which provides for other articles of vulcanized rubber other than hard rubber. The rate of duty will be 2.5 percent ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kenneth T. Brock at (646) 733-3009.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division