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HQ 962086

SEPTEMBER 23, 1998

CLA-2 RR:CR:GC 962086 JAS


TARIFF NO.: 8482.10.50

Robert S. Smith, Esq.
McGuire, Woods, Battle & Boothe
1627 Eye Street, N.W.
Washington, D.C. 20006

RE: NY 8679 93 Modified; Plastic Wheel, Plastic and Steel Wheel Inco rporating Steel Antifriction Balls Used in Overhead Conveyors; Parts of Conveyors, Heading 8431; Articles That Hold and Guide Machinery Parts and Reduce Friction; Other Ball Bearings, Heading 8482; THK America, Inc. v. United States, Nidec Corporation v. United States; Section XVI, Note 2, HTSUS

Dear Mr. Smith:

In NY 867993, which the Area Director of Customs, New York, issued to you on November 6, 1991, on behalf of BNL Limited and IABC, its wholly owned U.S. subsidiary, certain plastic wheels containing antifriction balls were held to be classifiable in subheading 8431.39.00, Harmonized Tariff Schedule of the United States (HTSUS), as other parts suitable for use solely or principally with conveyors of heading 8428.

Pursuant to section 625(c)(1), Tariff Act of 1930 (19 U.S.C. 1625(c)(1)), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, Pub. L. 103-182, 107 Stat. 2057, 2186 (1993), notice of the proposed modification of NY 867993 was published on August 19, 1998, in the Customs Bulletin, Volume 32, Number 33. You submitted one comment opposing Customs proposed action.


NY 867993 in part addressed the tariff status of part AF8MDWH and part D2081 HD, described as plastic components designed for overhead conveyors. These were designated as items

1 and 4 in NY 867993. The ruling also addressed parts AC8MDP58, a wheel/pulley, and D1029, a plastic yoke, designated as items 2 and 3. The classification of items 2 and 3 is not in issue here.

Part AF8MDWH was described as a circular plastic (acetal copolymer) wheel approximately 2 inches in diameter and containing polished steel antifriction balls. Submitted specifications list one of its physical characteristics as reduction of friction. Part D2081 HD was described as a plastic (acetal copolymer) wheel with a stainless steel inner race, antifriction balls, and a threaded shaft. Both wheels are designed to operate at a maximum 100 pound stress capability, and will be mounted into the plastic yoke, part D1029. Two of the plastic yokes are combined into a Y-shaped assembly to form a trolley mechanism designed to support loads while rolling along an I-beam which serves as the track of an overhead chain conveyor in poultry processing plants.

You supported the subheading 8431.39.00, HTSUS, classification on the basis that the articles were designed and manufactured for specific uses as parts of overhead conveyors, and that their physical features prevented their use in any other application.

The provisions under consideration are as follows:

8431 Parts suitable for use solely or principally with the machinery of headings 8425 to 8430:

8431.39 Other:

8431.39.00 (now 80) Other

8482 Ball or roller bearings, and parts thereof:

8482.10.10 Ball bearings with integral shafts

8482.10.50 Other


Whether parts AF8MDWH and D2081 HD are goods of heading 8482.


Merchandise is classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) in accordance with the General Rules of Interpretation (GRIs). GRI 1 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 provided the headings or notes do not require otherwise, according to GRIs 2 through 6.

The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) constitute the official interpretation of the Harmonized System. While not legally binding, and therefore not dispositive, the ENs provide a commentary on the scope of each heading of the Harmonized System and are thus useful in ascertaining the classification of merchandise under the System. Customs believes the ENs should always be consulted. See T.D. 89-80, 54 Fed. Reg. 35127, 35128 (Aug. 23, 1989).

Relevant ENs at p. 1433 state that heading 8482 covers ball, roller, or needle roller type bearings that enable friction to be considerably reduced. They may be designed to give radial support or to resist thrust. Normally, bearings consist of two concentric rings or races enclosing the balls or rollers, and a cage which keeps them in place and ensures that their spacing remains constant.

In articles of this type, the outer plastic portion of the wheel is significantly reinforced in thickness to provide weight-carrying capability and also permits the article to roll on the track of an overhead conveyor. On the underside of this plastic wheel, and integral to it, is a metal piece specially machined to create a smooth, precisioned raceway needed to reduce friction during movement. Known by various names, articles that function to position, hold and guide moving machine parts, as well as reduce friction during such movement, have been held to be ball or roller bearings of heading 8482. See THK America, Inc. v. United States, 17 CIT 1169 (1993), and lexicographic sources cited. Parts AF8MDWH and D2081 HD function in this manner.

Goods that are identifiable parts of machines or apparatus of Chapters 84 and 85 are classifiable in accordance with Section XVI, Note 2, HTSUS. See Nidec Corporation v. United States, 861 F. Supp. 136, aff'd. 68 F. 3d 1333 (1995). Parts that are goods included in any heading of Chapter 84 or Chapter 85 are in all cases to be classified in their respective headings. See Note 2(a). Other parts are to be classified with the machine or
machines with which they are solely or principally used. See Note 2(b). The parts claim under subheading 8431.39.00 (now 80), must fail because parts AF8MDWH and D2081 HD are goods included in heading 8482.


Under the authority of GRI 1, the rail rollers are provided for in heading 8482. They are classifiable in subheading 8482.10.50, HTSUS. NY 867993, dated November 6, 1991, is modified accordingly.

In accordance with 19 U.S.C. 1625(c)(1), this ruling will become effective 60 days after its publication in the Customs Bulletin. Publication of rulings or decisions pursuant to 19 U.S.C. 1625(c)(1) does not constitute a change of practice or position in accordance with section 177.10(c)(1), Customs Regulations (19 CFR 177.10(c)(1)).


John Durant, Director
Commercial Rulings Division

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