CLA-2-84:RR:NC:1:102 B87322

Mr. Thomas J. O'Donnell
O'Donnell, Byrne, Basham & Williams
20 North Wacker Drive (Suite 1416)
Chicago, Illinois 60606

RE: The tariff classification of parts of forklift truck transmissions from Japan.

Dear Mr. O'Donnell:

In your letter dated June 25, 1997 you requested a tariff classification ruling on behalf of your client Nissan Trading Corp.,USA.

The items in question are parts of forklift truck transmissions. Descriptive information and technical drawings were submitted with your request.

The "main shaft", identified as part number 31481 40K00, is a shaft used transmit power within the forklift transmission. The "snap ring", part number 00922 13500, is a steel retaining ring used to secure components within the transmission. The "oil level gauge assembly", part number 31086 40K00, is a dip-stick used to indicate the level of oil within the transmission. The "bearing pinion", part number 32114 L1400, is a fitting made of steel and rubber and is used to cover and seal a boring in the transmission case. The "thrust washer", part number 32357 L1005, is a metal washer, which appears to be the annular bearing surface for a needle roller bearing assembly.

The applicable subheading for the main shaft will be 8483.10.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other transmission shafts and cranks. The rate of duty will be 1.6 percent ad valorem.

The applicable subheading for the snap ring will be 7318.24.0000, HTSUS, which provides for cotters and cotter pins. The rate of duty will be 4.6 percent ad valorem.

The applicable subheading for the oil level gauge assembly will be 9026.10.6000, HTSUS, which provides for other instruments and apparatus for measuring or checking the flow or level of liquids. The rate of duty will be 2.8 percent ad valorem.

The applicable subheading for the bearing pinion will be 8483.90.5000, HTSUS, which provides for parts of gearing, gear boxes and other speed changers. The rate of duty will be 2.5 percent ad valorem.

The applicable subheading for the thrust washer will be 8482.99.6530, HTSUS, which provides for other parts for needle bearings. The rate of duty will be 6.1 percent ad valorem.

It is the opinion of this office that the thrust washer would be subject to anti-dumping margins under current Department of Commerce orders relating to cylindrical roller bearings, if the needle rollers used in the bearing assembly do not meet the minimum length-to-diameter ratio of 4-1. Please contact your local port for the specific margins and the associated dumping case numbers. If you desire a formal determination regarding the applicability of dumping to your products, please write directly to the Office of Compliance, Department of Commerce, Washington, D.C.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 212-466-5493.

Sincerely,

Robert Swierupski
Chief, Metals and Machinery Branch
National Commodity
Specialist Division