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NY D82151

October 9, 1998

CLA-2-84:RR:NC:1:102 D82151


Ms. Paula M. Connelly
Middleton & Shrull
44 Mall Road (Suite 208)
Burlington, MA 01803-4530

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of tapered roller bearings from Canada; Article 509

Dear Ms. Connelly:

In your letter dated September 2, 1998, you requested a ruling on the tariff classification and status under the North American Free Trade Agreement (NAFTA) of tapered roller bearings from Canada.

The tapered roller bearings will be produced in Canada from non-originating materials. A complete bearing will consist of an outer race, also known as a cup, and inner race, also known as a cone, a cage and a set of tapered rollers. Photographs of the component materials were submitted.

The roller sets and cages will enter Canada as finished articles ready for direct use in the production of the bearings. The cups and cones will be manufactured in Canada from non-originating steel forgings. The forgings are net shape blanks which approximate the outline of the finished article they will form. Although the forgings will undergo significant processing in Canada, absent evidence to the contrary, the sole use of the forgings is for completion into finished cups and cones.

The applicable tariff provision for the tapered roller bearings will be 8482.20.0040, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other cup and cone assemblies entered as a set, with cups having an outside diameter not exceeding 102 millimeters. The general rate of duty will be 5.9 percent ad valorem.

In order for the tapered roller bearings to be eligible for the tariff treatment and quantitative limitations provided under the NAFTA, the bearings must have been transformed in Canada so that each of the non-originating materials used in their production undergoes a change in tariff classification described in HTSUSA General Note 12(t)/84.241(A) or (B).

The non-originating steel forgings fail to meet the requirements of HTSUSA General Note 12(t)/84.241(A) because under the HTSUSA the forgings are classified as unfinished cups and cones in subheading 8482.99.15, HTSUSA.

Under HTSUSA General Note 12(t)/84.241(B), each of the non-originating materials, including the steel forgings, used in the production of the bearings will satisfy the required changes in tariff classification, but the bearing will also be subject to a Regional Value Content (RVC) requirement of 60% where the transaction value method is used or 50% where the net cost method is used. Tapered roller bearings eligible for preferential treatment under the NAFTA will be entitled to a free rate of duty upon compliance with all applicable laws, regulations, and agreements.

Because of insufficient information in your ruling request, Customs has not addressed the Regional Value Content (RVC) of the subject goods. If you desire a ruling regarding the RVC of your goods and their eligibility for NAFTA preferential treatment, the information noted in Section 181.93(b) of the Customs Regulations (19 CFR 181.93(b)), to the Director, Commercial Rulings Division, Headquarters, U.S. Customs Service, 1300 Pennsylvania Ave. N.W., Washington, D.C. 20229, along with a copy of this letter.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR 181).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kenneth T. Brock at 212-466-5493.


Robert B. Swierupski

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