Needle roller bearings

HQ 086410 April 16, 1990 CLA-2 CO:R:C:G 086410 JMH CATEGORY: Classification TARIFF NO.: 8482.40.00, 8482.50.00 Mr. Michael O'Neill O'Neill & Whitaker, Inc. 1809 Baltimore Ave. Kansas City, MO 64108 RE: Needle roller bearings Dear Mr. O'Neill: Your December 19, 1989, request for a classification ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) for certain needle roller bearings on behalf of Tilden Corporation has been referred to this office for a reply. FACTS: The article in question is a needle roller bearing, Part #ROW/W1603/16 (1603/16), to be imported from West Germany. Bearing 1603/16 has a roller diameter of 4.76 mm (3/16 inch). (1 inch = 25.4 mm). This bearing has a roller length of 25.4 mm (1 inch). ISSUE: Whether bearing 1603/16 is a "needle roller bearing" or an "other cylindrical roller bearings" within heading 8482, HTSUSA, which describes "Ball or roller bearings, and parts thereof..." LAW AND ANALYSIS: The classification of merchandise under the HTSUSA is governed by the General Rules of Interpretation (GRI's). GRI 1, HTSUSA, 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...according to the following provisions..." -2- The appropriate heading in this instance is heading 8482, HTSUSA. The terms of heading 8482 provides eo nomine for roller bearings. The headings describes "Ball or roller bearings, and parts thereof..." Thus, the only question remaining is the classification within the subheadings. GRI 6, HTSUSA, one the GRI 1's "following provisions", provides that the same process used to determine the proper heading is also used to determine the appropriate subheading. There are two possible subheading classifications for the needle roller bearings in question, subheadings 8482.40.00 and 8482.50.00, HTSUSA. These subheadings describe 8482.40.00 Needle roller bearings... 8482.50.00 Other cylindrical roller bearings... Initially, it would appear that bearing 1203/32 fits within subheading 8482.40.00. However, the Explanatory Notes to the HTSUSA furnish details for the subheadings. The Explanatory Notes are not dispositive, but are to be looked to for guidance in the proper interpretation of the HTSUSA. 54 Fed. Reg. 35127, 35128 (August 23, 1989). Explanatory Note 84.82 (C) states that needle roller bearings are "cylindrical rollers of a uniform diameter not exceeding 5 mm and having a length which is at least three times the diameter." (emphasis added) Explanatory Note 84.82 (C), Harmonized Commodity Description and Coding System (HCDCS), Vol. 3, p. 1324. Bearing 1603/16 has a diameter of 4.76 mm. A length at least three times this size would equal 14.28 mm. The bearing in question has a length of 25.4 mm. It is the opinion of this office that the Explanatory Notes should be followed. Therefore, the roller bearing in question meets the terms of subheading 8482.40.00, since the length of the roller is at least three time the roller's diameter. Bearing 1603/16, because of its size, is properly classifiable within subheading 8482.40.00, as "...Needle roller bearings..." HOLDING: The needle roller bearing, Part #ROW/S1603/16 (1603/16), has a length greater than three times its diameter. This length -3- qualifies the bearing for classification within subheading 8482.40.00, as "Ball or roller bearings, and parts thereof...Needle roller bearings..." Sincerely, John Durant, Director Commercial Rulings Division