Housed Bearings; Cartridge Pivot Assembly for Hard Disk Drive; EN 84.83; Section XVI, Note 2(a); NY 866193; NY 879575, modified

HQ 953081 July 1, 1993 CLA-2 CO:R:C:M 953081 RFA CATEGORY: Classification TARIFF NO.: 8483.20.40 Mr. A.J. Spatarella Kanematsu USA Inc. 114 West 47th Street 23rd Floor New York, NY 10036 RE: Housed Bearings; Cartridge Pivot Assembly for Hard Disk Drive; EN 84.83; Section XVI, Note 2(a); NY 866193; NY 879575, modified Dear Mr. Spatarella: This letter is in response to your letter dated November 24, 1992, to this office in which you requested reconsideration of NY 879575, dated November 18, 1992, which concerns the tariff classification of a cartridge pivot assembly under the Harmonized Tariff Schedule of the United States (HTSUS). FACTS: The merchandise is a bearing cartridge used in the Integral series of 1.8 inch computer hard disk drives. The unit consists of two precision miniature radial ball bearings mounted with epoxy inside a cartridge housing. A spacer is placed between the bearings for the purpose of pre-loading. This assembly is in turn mounted into a 1.8 inch hard drive and serves as the rotational support for the actuator assembly. When in use, the function of the cartridge is to allow the actuator to rotate through a limited angle of 39 degrees with minimal rotational friction, while restricting motion in all other directions. ISSUE: Is the bearing cartridge assembly classifiable as housed ball bearings or as parts of an automatic data processing machine under the HTSUS? LAW AND ANALYSIS: Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. In NY 879575, dated November 18, 1992, Customs determined that the subject merchandise was held to be classifiable under subheading 8483.30.40 (sic), HTSUS, as housed bearings incorporating ball bearings; flange, take-up, cartridge and hanger unit types. However, you state that the merchandise should be classified according to NY 866193, dated August 23, 1991. In NY 866193, Customs held a pivot assembly, which consisted of one sleeve pivot housing, two miniature ball bearings, an internal pivot shaft, and a C-ring, to be classifiable under subheading 8473.30.40, HTSUS, as parts and accessories of the machines of heading 8471, HTSUS, not incorporating a cathode ray tube. The subject merchandise is distinguishable from the pivot assembly in NY 866193 because the pivot assembly consisted of two bearings mounted onto a hollow shaft with a spacer between them. This combination was then mounted into a cylindrical cartridge. The subject merchandise is an assembly of two bearings inside a cartridge and does not have an internal shaft like the pivot assembly in NY 866193. The Harmonized Commodity Description and Coding System Explanatory Notes (EN) constitute the Customs Cooperation Council's official interpretation of the HTSUS. While not legally binding, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings. EN 84.83, page 1326, states in pertinent part: Bearing housings consist of a frame or block designed to house the plain, ball, roller, etc., bearing in which (or, in the case of a thrust bearing, against which) the ends of a shaft or axle turn. They usually consist of two parts which, when fitted together, form a ring to hold the bearing. . . . Bearing housings incorporating ball, roller or needle roller bearings remain classified in this heading. . . Based upon EN 84.83, we find that the subject merchandise meets the definition of housed bearings because it is an assembly of two bearings inside a cartridge. Section XVI, Note 2(a) states that "[p]arts which are goods included in any of the headings of Chapter 84. . .are in all cases to be classified in their respective headings. . ." Because the subject merchandise is provided for in heading 84.83, HTSUS, as housed bearings, classification under heading 8473, HTSUS, as parts and accessories is precluded under Section XVI, Note 2(a). We also note that in NY 879575 there was a typographical error and that the correct subheading number for the merchandise is subheading 8483.20.40, HTSUS. HOLDING: The bearing cartridge is classifiable under subheading 8483.20.40, HTSUS, which provides for: ". . .bearing housings, housed bearings and plain shaft bearings. . .: [h]oused bearings, incorporating ball or roller bearings: [f]lange, take-up cartridge and hanger units. . ." The general, column one rate of duty is 5.7 percent ad valorem. EFFECT ON OTHER RULINGS: NY 879575, dated November 18, 1992, is hereby modified pursuant to section 177.9(d) of the Customs Regulations [19 CFR 177.9(d)]. Sincerely, John Durant, Director Commercial Rulings Division