CLA-2-84:RR:NC:1:102 G83215
Mr. Rob Whitlock
S2M America
5241 Valleypark Drive
Roanoke, Virginia 24019
RE: The tariff classification of angular contact ball bearings from France.
Dear Mr. Whitlock:
In your letter dated September 27, 2000 you requested a tariff classification ruling on behalf of S2M.
The items in question are described as ball bearings imported separately as replacement parts for use in electromagnetic bearing systems. You indicate that S2M purchases standard angular contact ball bearings and then modifies them to complement their function. The modifications include changing the number of balls, removal of the cage, machining to provide special pre-load characteristics and adding dampening to the outer races and mounting device. Descriptive literature was submitted.
Heading 8482, Harmonized Tariff Schedule of the United States (HTSUS), provides for antifriction ball or roller bearings. While the replacement bearings may be modified from standard versions, and specialized for use in your magnetic bearing systems, the modifications do not impart functionality beyond that normally expected of an antifriction bearing. Accordingly, we find that the modified bearings fall to be classified in heading 8482, HTSUS.
The applicable subheading for the replacement bearings will be 8482.10.5028, HTSUS, which provides for other angular contact ball bearings. The rate of duty will be 9 per cent ad valorem.
It is the opinion of this office that the subject angular contact ball bearings would be subject to anti-dumping margins under current orders of the Department of Commerce related to antifriction ball bearings. Please contact your local port for the specific case numbers and margins. If you desire a binding ruling 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 Part 177 of the Customs Regulations (19 CFR 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 212-637-7026.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division