CLA-2-84:RR:NC:1:102 I83961
Mr. John F. Jager
Toyota Tsusho America, Inc.
702 Triport Road
Georgetown, Kentucky 40324
RE: The tariff classification of parts of an automotive wheel hub from Japan.
Dear Mr. Jager:
In your letter dated July 2, 2002 you requested a tariff classification ruling on behalf of Toyota Tsusho America .
The articles in question are identified as components for a non-driven automotive wheel hub unit. The components include inner and outer bearing races and a flanged wheel hub. Technical drawings and photographs were submitted.
The bearing races will be assembled with steel balls to form a double row angular contact ball bearing. The assembled bearing will then be pressed on to the wheel hub to form a complete wheel hub unit. You indicate that the hub will be imported as a forging that will require machining and heat treatment after importation, while the inner and outer races may be imported as forgings, or as machined components, which will require heat treatment after importation.
Merchandise is classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) in accordance with 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.
HTSUS heading 8482 provides for parts of roller bearings. HTSUS heading 8708 provides for parts of motor vehicles. GRI 2(a) extends the scope of these HTSUS headings to include unfinished parts, provided the unfinished parts have the essential character of the finished parts.
Examination of the photographs submitted reveals that the hub and race forgings are net shape blanks that closely approximate the outline of the finished articles they will form. Although the forgings may not be to final tolerances and lack the finished surfaces of finished parts, upon importation they are readily recognizable as the finished articles they will become. Further, there is nothing to suggest that the hub forgings have any practical use other than for completion into finished hubs, or the race forgings for completion into finished bearing races. We find that the subject forgings are unfinished articles that have the essential character of ball bearing parts and automotive parts provided for in HTSUS heading 8482 and 8708, respectively.
The applicable subheading for the subject hub forging will be 8708.99.6790, HTSUS, which provides for other parts of power trains of the motor vehicles of headings 8701 to 8705. The rate of duty will be 2.5 percent ad valorem.
The applicable subheading for the bearing races, whether imported as forgings or as machined components, will be 8482.99.0500, HTSUS, which provides for inner or outer rings or races for ball bearings. The rate of duty will be 9.9 percent ad valorem.
In your request you have also asked whether the articles in question are subject to antidumping duties. A list of AD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov. Or, you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, NW Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs.
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 646-733-3009.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division