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

Ms. Valerie Holtrop
Worldwide Logistic Solutions LLC
18 Golden Wheat Lane
Wrightstown, WI 54180

RE: The tariff classification of linear drive system components from Germany.

Dear Ms. Holtrop:

In your letter dated January 21, 2013, on behalf of Wittenstein Arena Inc., you requested a tariff classification ruling. Descriptive literature was submitted with your request.

The products to be imported are various components for rack and pinion linear drive systems: class rack, pinion gear, mounting axis, lubricating pinion and exchange lubrication. You state that these parts will be imported separately for assembly, replacement and/or repair and are used in various industrial applications. Measuring one meter in length, the class rack (gear rack) is designed to mesh with the pinion gear to create linear motion. The mounting axis is described as a shaft used to mount the lubricating pinion. This shaft has drill holes which allow grease to be transferred from the exchange lubrication tube to the wool felt lubricating pinion, a gear which in turn transfers lubrication to the gear rack or a pinion.

The applicable subheading for the class rack, the pinion gear and the mounting axis will be 8483.90.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for transmission shafts (including camshafts and crankshafts) and cranks; bearing housings, housed bearings and plain shaft bearings; gears and gearing; ball or roller screws; gear boxes and other speed changers, including torque converters; flywheels and pulleys, including pulley blocks; clutches and shaft couplings (including universal joints); parts thereof, toothed wheels, chain sprockets and other transmission elements presented separately ; parts, 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 lubrication pinion will be 5911.90.0080, HTSUS, which provides for textile products and articles, for technical uses, specified in note 7 to this chapter, other, other. The rate of duty will be 3.8 percent ad valorem.

The lubricator, also referred to by you as the “exchange lubrication”, is a mechanical device that supplies lubrication points automatically with lubricant. The lubricator is available in two sizes, i.e., Type 125 and Type 475. The grease cup is connected by a plastic hose to a felt pinion/lubrication point. When the lubricator is switched on, an electro-chemical reaction is initiated by the closing of contacts. Pressure is increased in the nitrogen chamber. This pressure fills a bellows which pushes against a piston that in turn pushes out the lubricant. The lubricant is emitted automatically for a specified period while conforming to permitted specifications. Each unit requires two AA (Varta 1.5 V AA Alkaline long life) batteries. Batteries are pre-installed in all lubricators.

Submitted data states that all lubricators are prefilled with grease at the factory in Germany. The Klüber MICROLUBE GB 0 mineral oil based lubricant is a universal high-performance grease developed for friction points subject to high loads and mixed friction conditions.

The applicable subheading for the lubricators, Type 125 and Type 475, will be 8479.89.9899, HTSUS, which provides for “Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter, parts thereof: Other machines and mechanical appliances: Other: Other … Other”. The rate of duty will be 2.5 percent ad valorem.

The applicable subheading for the Klüber MICROLUBE GB 0 mineral oil based lubricant will be 2710.19.4000, HTSUS, which provides for “Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70 percent or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations; waste oils: Petroleum oils and oils obtained from bituminous minerals (other than crude) and preparations not elsewhere specified or included, containing by weight 70 percent or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations, other than those containing biodiesel and other than waste oils: … Lubricating oils and greases, with or without additives: Greases: Other”. The rate of duty will be 1.3 cents per kilogram plus 5.7 percent ad valorem.

This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), administered by the U.S. Environmental Protection Agency. You may contact them at 402 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404, or at EPA Region II telephone number (908) 321-6669.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 the National Import Specialist at (646) 733-3009.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division