CLA-2-84:OT:RR:NC:N1:102

John Kenkel
International Trade Law Counselors, PLLC
8647 Richmond Highway, Suite 623
Alexandria, VA 22309

RE: The tariff classification and origin of a wheel hub unit

Dear Mr. Kenkel:

In your letter dated May 8, 2025, on behalf of Viet Nam Haiya Technology Co., Ltd., you requested a tariff classification and country of origin determination ruling for the purpose of marking, Section 301 Trade Remedies, and additional duties.

The article in question is referred to as a 2nd Generation wheel hub unit, item number F-616118-T. The wheel hub unit is constructed of steel alloy and is used to support weight and reduce the radial and axial friction as the tires rotate in passenger vehicles. The unit, which functions as an angular contact bearing, is primarily comprised of an inner race, two rows of steel balls held in a cage, a seal constructed of rubber and steel, and an outer flange that features mounting holes.

In your letter, you suggest the wheel hub unit is classified under 8708.99.8180, Harmonized Tariff Schedule of the United States (HTSUS), which provides for parts and accessories of the motor vehicles of headings 8701 to 8705: Other parts and accessories: Other: Other: Other: Other: Other: Other. We disagree, as the wheel hub unit does not have any characteristics beyond that of an anti-friction ball bearing provided for within heading 8482. Headquarters Ruling Letter 960049 dated August 26, 1997, explains that the flanged outer rings are common to ball bearings and do not impart a significant non-friction reducing capability. Furthermore, while the wheel hub unit may be designed to be incorporated into specific motor vehicles, it is not legally relevant because many ball bearing types are manufactured to specific engineering and design criteria and are purchased with a particular application in mind.

Accordingly, the applicable subheading for the 2nd Generation wheel hub unit, item number F-616118-T, will be 8482.10.5016, HTSUS, which provides for Ball or roller bearings, and parts thereof: Ball Bearings: Other: Angular contact bearings: Wheel hub bearing units: Flanged. The general rate of duty will be 9 percent ad valorem. With respect to origin, you explain that the final assembly of the wheel hub unit occurs in Vietnam and consists of components from China and Vietnam. Prior to the final assembly processes, the outer flange and inner ring, which are sourced from China, undergo machining processes in Vietnam. The machining processes consist of turning operations, drilling or tapping, grinding, and superfinishing processes, which convert the rings into an inner race and an outer flange that functions as a race.

The final assembly, which occurs in Vietnam, begins by manually pressing Chinese sourced balls into cages sourced from China. Afterwards, the caged balls are manually pressed into the outer flange. Next, an inner race is pressed into the center bore of the outer flange and bolts are pressed into the outer flange. The resulting assembly is machined pressed. Subsequently, grease from Vietnam is injected into the outer flange and a seal is pressed onto the outer flange. Amongst these steps, the required gaskets and dust cover, which are sourced from China, are installed. Once complete, the wheel hub unit is inspected, laser marked, rust-proofed, tested and packaged for shipment.

When determining the country of origin for purposes of applying current trade remedies under Section 301 and additional duties, the substantial transformation analysis is applicable. See, e.g., Headquarters Ruling Letter H301619, dated November 6, 2018. The test for determining whether a substantial transformation will occur is whether an article emerges from a process with a new name, character, or use different from that possessed by the article prior to processing. See Texas Instruments Inc. v. United States, 681 F.2d 778 (C.C.P.A. 1982). This determination is based on the totality of the evidence. See National Hand Tool Corp. v. United States, 16 C.I.T. 308 (1992), aff’d, 989 F.2d 1201 (Fed. Cir. 1993).

Additionally, Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that unless excepted, every article of foreign origin imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the United States, the English name of the country of origin of the article. Congressional intent in enacting 19 U.S.C. 1304 was “that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will.” See United States v. Friedlander & Co., 27 C.C.P.A. 297, 302 (1940).

Part 134 of the U.S. Customs and Border Protection (“CBP”) Regulations (19 CFR 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.1(b), CBP Regulations (19 CFR 134.1(b)), defines “country of origin” as the country of manufacture, production, or growth of any article of foreign origin entering the United States. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the “country of origin” within the meaning of the marking laws and regulations.

In this instance, the final assembly processes that occur for the wheel hub unit are rather simple and do not constitute a substantial transformation. Pressing components to each other is not considered to be complex. The final assembly processes performed in Vietnam do not change the shape, character or predetermined use of the inputs. Thus, like the ball bearings in Headquarters Ruling Letters 731968, dated March 19, 1990, 731969, dated March 19, 1990, and 562528, dated December 10, 2002, we look to the country in which the rings become races with precision raceways to determine the origin, as they are the essential components of anti-friction bearings. Here, the inner ring and the outer flange are transformed into races with precision raceways in Vietnam. Accordingly, the country of origin of the wheel hub unit is Vietnam.

Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.” All imported merchandise must be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the Chapter 99 provisions covering exceptions to the reciprocal tariffs. At this time products from all countries will be subject to an additional 10 percent ad valorem rate of duty. At the time of entry, you must report the Chapter 99 heading applicable to your product classification, i.e. 9903.01.25, in addition to subheading 8482.10.5016, HTSUS, listed above.

The tariffs and additional duties cited above are current as of this ruling?s issuance. 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 at https://hts.usitc.gov/.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.

This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Sandra Martinez at [email protected].
Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division