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NY F80123

December 8, 1999

CLA-2-84:RR:NC:1:102 F80123


TARIFF NO.: 8482.50.0000

Mr. William G. Valentine
Studio Buffa & Associates
19093 SE Fernwood Drive
Tequesta, FL 33469-1627

RE: The tariff classification of a cylindrical roller bearing from Italy

Dear Mr. Valentine:

In your letter dated November 8, 1999 you requested a tariff classification ruling on behalf of Studio Buffa & Associates.

The item in question is a cylindrical roller bearing, which you indicate will be principally used in conveyors and the mast guides of fork lift trucks. Technical drawings were submitted.

The applicable subheading for the roller bearing will be 8482.50.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other cylindrical roller bearings. The rate of duty will be 5.8 percent ad valorem.

It is the opinion of this office that the cylindrical roller bearing in question will be subject to anti-dumping margins under current orders of the Department of Commerce related to antifriction bearings. Please contact your local port for the specific case numbers and percentages. If you desire a binding ruling on the applicability anti-dumping duty to your product, please write directly to the Office of Compliance, Department of Commerce, Washington, D.C.

The marking statute, section 304, Tariff Act of 1930, as amended (19 USC 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

You indicate that the marking of the bearing would damage the finish, reduce the effectiveness of the product and void any applicable warranty. However, this in and of itself does not compel granting an exception to the marking requirements of 19 USC 1304. Further, from the drawings submitted with your request, it appears that the article is capable of being marked without compromise to its functionality as a bearing.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 177).

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 212-637-7026.


Robert B. Swierupski

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