Needle roller bearings

HQ 086411 April 16, 1990 CLA-2 CO:R:C:G 086411 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 #ROK/W1606/40 (1606/40), to be imported from West Germany. Bearing 1606/40 has a roller diameter of 9.53 mm (3/8 inch). (1 inch = 25.4 mm). This bearing has a roller length of 63.5 mm (2.5 inches). ISSUE: Whether bearing 1606/40 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..." The appropriate heading in this instance is heading 8482, HTSUSA. The terms of heading 8482 provides eo nomine for roller -2- 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 1606/40 has a roller diameter of 9.53 mm. This diameter exceeds the required 5 mm provided for in the Explanatory Note. Since the allowed diameter and length are listed in the conjunctive, both must be met. Bearing 1606/40 does not meet the required diameter. Therefore, it cannot be classified within subheading 8482.40.00, as a needle roller bearing. Bearing 1606/40, because of its size, is properly classifiable within subheading 8482.50.00, as "...Other cylindrical roller bearings..." HOLDING: The needle roller bearing, Part #ROW/S1606/40 (1606/40), has a diameter which exceeds 5mm. This diameter disqualifies the bearing for classification within subheading 8482.40.00, as "Ball or roller bearings, and parts thereof...Needle roller bearings..." The appropriate classification for bearing 1606/40 is within subheading 8482.50.00, as "...Other cylindrical roller bearings..." -3- This office cannot rule on the implications of any Department of Commerce anti-dumping orders or regulations pertaining to cylindrical roller bearings. For further information regarding any existing antidumping regulations and their affect contact Mr. Chip Hayes of the Department of Commerce at (202)377-1131. Sincerely, John Durant, Director Commercial Rulings Division