CLA-2 CO:R:C:M 951198 AJS

Mr. D.L. Crowe
Import Supervisor
Geo. S. Bush & Co., Inc.
1400 Exchange Building
821 Second Avenue
Seattle, WA 98104

RE: Multi-Rubber Bearing; Subheading 8482.80.00; Subheading 4016.99.50; ENs 84.82; H. Conf. Rep. No. 576; GRI 2(b); GRI 3(a); GRI 3(b); GRI 3(b), ENs (VIII); GRI 3(c).

Dear Mr. Crowe:

This is in reply to your letters of May 29, 1991 and January 22, 1992, requesting the tariff classification for Multi-Rubber Bearings (MRBs) under the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

MRBs are seismic isolating rubber and steel bearings which are installed in buildings to protect their structure, contents and precision equipment from potential destruction by earthquakes. They protect buildings by lowering the earthquake vibrations to a safer level, permitting the structure to move perpendicular to its base and lowering G-force acceleration. They consist of alternative laminations of bonded rubber and steel plates. Top and bottom steel flanges attach the MRBs to the foundation and structure which they support.

ISSUE:

Whether the MRBs are properly classifiable within subheading 8482.80.00, HTSUS, which provides for "other" ball or roller bearings; or classifiable within subheading

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7308.90.90, HTSUS, which provides for "plates, rods, angles, shapes, sections, tubes and the like, prepared for use in structures, of iron or steel . . . [o]ther"; or classifiable within subheading 4016.99.50, HTSUS, which provides for "other" articles of vulcanized rubber.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUS is governed by 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 according to the following provisions . . ."

Heading 8482, HTSUS, provides for ball or roller bearings. The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) state that these types of bearings are used in place of smooth metal bearings and enable friction to be considerably reduced. ENs 84.82, p. 1324 (1992). The MRBs do not satisfy this description. They are not used in place of metal bearings nor do they reduce friction. Instead, MRBs are used to protect buildings from earthquakes by lowering vibrations and G-force acceleration, and permitting buildings to move perpendicular to their base. In addition, the ENs state that bearings consist of two concentric rings enclosing balls or rollers and a cage which keeps them in place. ENs 84.82. The MRBs also do not satisfy this description. They consist of rubber and steel plates, not of balls or rollers. While the ENs are not dispositive, they provide a commentary on the scope of each heading and offer guidance for interpretation of the HTSUS. H. Conf. Rep. No. 576, 100th Cong., 2d Sess, p. 549, reprinted in 1988 U.S. CODE CONG. & ADMIN. NEWS p. 1582. Accordingly, we consider the above ENs instructive for determining that the MRBs do not satisfy the terms of heading 8482, HTSUS.

Heading 7308, HTSUS, provides for plates, rods, angles, shapes, sections, tubes and the like, prepared for use in structures, of iron or steel. The MRBs consist of steel plates and flanges which satisfy this description. However, the MRBs also consist of rubber plates which do not satisfy this description. Accordingly, the MRBs do not satisfy the terms of heading 7308, HTSUS.

Heading 4016, HTSUS, provides for articles of vulcanized rubber other than hard rubber. The MRBs consist of rubber plates of natural and synthetic rubber which satisfy this

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description. However, they also consist of steel components which do not satisfy this description. Accordingly, the MRBs also do not satisfy the terms of heading 4016, HTSUS.

GRI 2(b), which is one of the "following provisions" mentioned in GRI 1, states that any reference to goods of a given material or substance shall be taken to include a reference to goods consisting wholly or partly of such material or substance. The MRBs satisfy this description. They are a good consisting partly of rubber and partly of steel. GRI 2(b) further states that the classification of goods consisting of more than one material or substance shall be according to the principles of GRI 3.

GRI 3(a) states that a heading which provides the most specific description of an article shall be preferred to headings providing a more general description. However, when two or more headings each refer to part only of the material or substance contained in a composite good, those headings are to be regarded as equally specific in relation to that good. This rule applies to the MRBs. Heading 7308 refers to the steel component of the MRBs, and heading 4016 refers to the rubber component of the MRBs. Accordingly, these headings are equally specific in relation to the MRBs.

GRI 3(b) states that composite goods which cannot be classified by reference to GRI 3(a), shall be classified as if they consisted of the material or component which gives them their essential character. Essential character may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods. GRI 3(b), ENs (VIII). The steel components comprise 90 percent of the weight of the MRBs. The steel plates function to support the rubber plates and prevent them from bulging to the outside when the MRBs are vertically compressed. The flanges act as a base for the MRBs, and a means for attachment to the structure. The rubber comprises 65 percent of the value of the MRBs. It acts to absorb the shock of an earthquake and allow the structure to vibrate. Based on these factors, we conclude that neither the steel nor rubber components impart the essential character to the MRBs.

GRI 3(c) requires that when goods cannot be classified by reference to GRI 3(b), they are to be classified under the heading which occurs last in numerical order among those which equally merit consideration. The heading which occurs last is heading 7308, HTSUS, and thus subheading 7308.90.90, HTSUS, which provides for "other" steel plates and the like prepared for use in structures, will apply.

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HOLDING:

The MRBs are classifiable within subheading 7308.90.90, HTSUS, which provides for "other" steel plates and the like prepared for use in structures, currently dutiable at the General Column 1 rate of 5.7 percent ad valorem.


Sincerely,


John Durant, Director
Commercial Rulings Division