CLA-2-73:OT:RR:NC:N1:113
Ms. Cheryl M. Smith
The Timken Company
1835 Dueber Avenue, SW
Canton, OH 44706
RE: The tariff classification of seal wear rings from China
Dear Ms. Smith:
In your letter dated December 17, 2013, you requested a tariff classification ruling. Photographs and cut-away diagrams of the subject seal wear rings were submitted for our review.
The subject articles are identified in your letter as the Conventional Seal Wear Ring and the Axle-Saver™ Seal Wear Ring. You described the rings under consideration as steel rings that seat tightly against the seal lip and over the axle. The ring provides a surface for the seal lip to ride on rather than the ring riding directly on the axle. You stated in your letter that “Through normal use, the seal will eventually wear a groove into the seal wear ring. Because the seal wear ring is in place the groove is not worn into the axle; thereby protecting the axle. In addition, specific to the Axle-Saver™ Seal Wear Ring, the Axle-Saver™ also reduces fretting wear. The ring is designed to be easily replaceable and extends the life of the axle…The difference between the Conventional Seal Ring and the Axle-Saver™ Seal Wear Ring is the length of fit. The Axle-Saver™ Seal Wear Ring design provides a longer length of press fit on the axle.” Both seal rings can be used in industrial and rail applications, but are not necessary in every application.
You considered classification for the Conventional Seal Wear Ring and the Axle-Saver™ Seal Wear Ring in subheading 8482.99, Harmonized Tariff Schedule of the United States (HTSUS), which provides for parts of bearings. You stated that the seal wear rings “can” be incorporated into a complete bearing assembly or sold as individual components. Since the rings may or may not be a part of a bearing assembly and are not necessary for the completion of the assembly, they would not be considered parts of bearings and therefore not classifiable in subheading 8482.99, HTSUS. You also considered classification for the Conventional Seal Wear Ring and the Axle-Saver™ Seal Wear Ring in subheadings 8607.19 or 8607.99, HTSUS, which provide for parts of railway or tramway locomotives or rolling stock, other parts of axles, other. You stated that the rings in question are not solely or principally used in railway, tramway, or other rolling stock but are also designed to be used in industrial applications. Noting that the Conventional Seal Wear Ring and the Axle-Saver™ Seal Wear Ring are utilitarian in nature, they are not classifiable in chapter 86. Therefore, as you proposed the subject steel seal wear rings will be classified as articles of their constituent material in heading 7326, HTSUS, which provides for other articles of iron or steel.
The applicable subheading for the Conventional Seal Wear Ring and the Axle-Saver™ Seal Wear Ring will be 7326.90.8588, HTSUS, which provides for other articles of iron or steel, other, other, other, other, other. The rate of duty will be 2.9 percent ad valorem.
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 National Import Specialist Ann Taub at (646) 733-3018.
Sincerely,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division