CLA-2 CO:R:C:M 953081 RFA
Mr. A.J. Spatarella
Kanematsu USA Inc.
114 West 47th Street
23rd Floor
New York, NY 10036
RE: Housed Bearings; Cartridge Pivot Assembly for Hard Disk
Drive; EN 84.83; Section XVI, Note 2(a); NY 866193; NY
879575, modified
Dear Mr. Spatarella:
This letter is in response to your letter dated November 24,
1992, to this office in which you requested reconsideration of NY
879575, dated November 18, 1992, which concerns the tariff
classification of a cartridge pivot assembly under the Harmonized
Tariff Schedule of the United States (HTSUS).
FACTS:
The merchandise is a bearing cartridge used in the Integral
series of 1.8 inch computer hard disk drives. The unit consists
of two precision miniature radial ball bearings mounted with
epoxy inside a cartridge housing. A spacer is placed between the
bearings for the purpose of pre-loading. This assembly is in
turn mounted into a 1.8 inch hard drive and serves as the
rotational support for the actuator assembly. When in use, the
function of the cartridge is to allow the actuator to rotate
through a limited angle of 39 degrees with minimal rotational
friction, while restricting motion in all other directions.
ISSUE:
Is the bearing cartridge assembly classifiable as housed
ball bearings or as parts of an automatic data processing machine
under the HTSUS?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUS is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. GRI 1 provides that classification shall be
determined according to the terms of the headings and any
relative section or chapter notes.
In NY 879575, dated November 18, 1992, Customs determined
that the subject merchandise was held to be classifiable under
subheading 8483.30.40 (sic), HTSUS, as housed bearings
incorporating ball bearings; flange, take-up, cartridge and
hanger unit types. However, you state that the merchandise
should be classified according to NY 866193, dated August 23,
1991. In NY 866193, Customs held a pivot assembly, which
consisted of one sleeve pivot housing, two miniature ball
bearings, an internal pivot shaft, and a C-ring, to be
classifiable under subheading 8473.30.40, HTSUS, as parts and
accessories of the machines of heading 8471, HTSUS, not
incorporating a cathode ray tube.
The subject merchandise is distinguishable from the pivot
assembly in NY 866193 because the pivot assembly consisted of two
bearings mounted onto a hollow shaft with a spacer between them.
This combination was then mounted into a cylindrical cartridge.
The subject merchandise is an assembly of two bearings inside a
cartridge and does not have an internal shaft like the pivot
assembly in NY 866193.
The Harmonized Commodity Description and Coding System
Explanatory Notes (EN) constitute the Customs Cooperation
Council's official interpretation of the HTSUS. While not
legally binding, the ENs provide a commentary on the scope of
each heading of the HTSUS and are generally indicative of the
proper interpretation of these headings. EN 84.83, page 1326,
states in pertinent part:
Bearing housings consist of a frame or block designed
to house the plain, ball, roller, etc., bearing in
which (or, in the case of a thrust bearing, against
which) the ends of a shaft or axle turn. They usually
consist of two parts which, when fitted together, form
a ring to hold the bearing. . . .
Bearing housings incorporating ball, roller or needle
roller bearings remain classified in this heading. . .
Based upon EN 84.83, we find that the subject merchandise meets
the definition of housed bearings because it is an assembly of
two bearings inside a cartridge.
Section XVI, Note 2(a) states that "[p]arts which are goods
included in any of the headings of Chapter 84. . .are in all
cases to be classified in their respective headings. . ."
Because the subject merchandise is provided for in heading 84.83,
HTSUS, as housed bearings, classification under heading 8473,
HTSUS, as parts and accessories is precluded under Section XVI,
Note 2(a).
We also note that in NY 879575 there was a typographical
error and that the correct subheading number for the merchandise
is subheading 8483.20.40, HTSUS.
HOLDING:
The bearing cartridge is classifiable under subheading
8483.20.40, HTSUS, which provides for: ". . .bearing housings,
housed bearings and plain shaft bearings. . .: [h]oused bearings,
incorporating ball or roller bearings: [f]lange, take-up
cartridge and hanger units. . ." The general, column one rate of
duty is 5.7 percent ad valorem.
EFFECT ON OTHER RULINGS:
NY 879575, dated November 18, 1992, is hereby modified
pursuant to section 177.9(d) of the Customs Regulations [19 CFR
177.9(d)].
Sincerely,
John Durant, Director
Commercial Rulings Division