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HQ 089310

September 6 1991

CLA-2:CO:R:C:M 089310 JAS


TARIFF NO.: 8302.49.8090, 8302.20.0000, HTSUSA

Ms. Susan Dinkel
Tente Casters, Inc.
P.O. Box 18638
Erlanger, Kentucky 41018

RE: Ball Covers; Parts of Swivel Castors; New York Ruling 861285 Modified

Dear Ms. Dinkel:

By letter dated March 6, 1991 to the District Director of Customs, Cleveland, Tente Casters, Inc., requested a classification ruling on covered plastic plain bearing bushings, metal ball covers and inner ball covers.

In a reply dated March 21, 1991 (NY 861285), the Area Director of Customs, New York Seaport, provided the applicable subheadings of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), for these articles. The New York office has requested that we reconsider that portion of ruling 861285 concerning ball covers.


The metal ball cover (part 2440/125) and inner ball cover (parts 2447/125 and 2441/200) are spherical steel articles that enclose a bearing and part of the fork which, together with a wheel and axle, make up a castor used with hospital beds and other hospital furniture.


What is the proper classification of the metal ball covers.


New York ruling 861285 in part held that the ball covers were classifiable in subheading 8302.49.8090, Harmonized Tariff

Schedule of the United States Annotated (HTSUSA), a provision for other mountings, fittings and similar articles. The rate of duty is 5.1 percent ad valorem. This classification opinion was predicated on the language of heading 8302 as it appeared in the Explanatory Notes which did not appear to cover parts of base metal mountings, fittings, and similar articles. In fact, the metal ball covers are parts of castors. Therefore, the provision in subheading 8302.20.0000, HTSUSA, castors and parts thereof represents the correct classification. The rate of duty is 5.7 percent ad valorem.


The metal ball covers in issue are classifiable in subheading 8302.20.0000, HTSUSA, as indicated. New York ruling, dated March 21, 1991 (861285), is modified under the authority of section 177.9(d), Customs Regulations.


John Durant, Director
Commercial Rulings Division

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