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NY J84451

June 2, 2003

CLA-2-84:RR:NC:1:102 J84451


TARIFF NO.: 8483.30.80

Mr. David M. Schwartz
Thompson Coburn LLP
1909 K Street, N.W. (Suite 600)
Washington, D.C. 20006-1167

RE: The tariff classification of bearings support and housing for turbines from Italy

Dear Mr. Schwartz:

In your letter dated April 30, 2003 you requested a tariff classification ruling on behalf of your client FiatAvio.

The articles in question are described as Bearings Support No. 6, part number L47593G04, and Bearings Housing No. 1, part number L9065M62G10. You indicate that the shaft and disks are imported exclusively for use in the manufacture and operation of an LM6000 aero-derivative turbine. You explain that the parts contain and/or support the engines main bearings that transfer the weight of rotating parts and axial thrust to the structural parts of the engine. Although descriptive literature on the turbine was submitted, literature specific to the subject articles was not made available.

In your request you suggest that the bearings support and housing are properly classified as parts of turbines in heading 8411, Harmonized Tariff Schedule of the United States (HTSUS). While we agree the subject articles may be, prima facie, parts of the turbines provided for in HTSUS heading 8411, we note that heading 8411 falls within chapter 84 of the HTSUS. Chapter 84 is in section XVI, HTSUS. Note 2(a) to section XVI provides in relevant part that parts which are goods included in any of the headings of chapter 84 are in all cases to be classified in their respective headings. If the support and housing are articles of any other heading of chapter 84, then they cannot be classified as parts in heading 8411, HTSUS.

Based on your explanation of the function performed by the bearings support and housing, we believe these parts are specifically provided for as bearing housings in HTSUS heading 8483. The Explanatory Notes (EN) to the Harmonized Tariff System relevant to HTSUS heading 8483 explain that bearing housings consist of a frame or block designed to house a plain, ball, or roller bearing in which (or, in the case of a thrust bearing, against which) the ends of a shaft or axle turn. Because we find that the bearings support and housing in question are articles of HTSUS heading 8483, as required by note 2(a) to HTSUS section XVI, they fall to be classified in heading 8483, rather than heading 8411, HTSUS.

The applicable subheading for the bearings support and housing, part numbers L47593G04 and L9065M62G10, will be 8483.30.80, HTSUS, which provides for other bearing housings. The rate of duty will be 4.5 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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 646-733-3009.


Robert B. Swierupski

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