HQ 950771

MARCH 23, 1992

CLA-2:CO:R:C:M 950771 JAS

CATEGORY: Classification

TARIFF NO.: 8482.10.50, HTSUS

District Director of Customs

511 N.W. Broadway Federal Building

Portland, Oregon 97209

RE: Ball Bearing Turntable; Trailer Turntable; Angular

Thrust Ball Bearing; Tractor-Trailer Connecting Device;

Headings 8482, 8716; PRD 2904-1-000144; 083066

Dear Sir:

This is our decision on Application for Further Review of Protest No.
2904-1-000144, dated September 5, 1991, filed on behalf of Western Unit
Sales, Albany, Oregon. The merchandise is ball bearing turntables from
Germany.

FACTS:

Literature depicts an article consisting of two steel rings, each with
ground raceways that provide a rolling surface for a number of ground
steel balls placed between the rings. The rings have drilled holes to
permit mounting to the upper part of a tractor bed and the lower part of
a trailer. The turntable serves to connect the two vehicle halfs,
allowing the tractor to freely turn while pulling the trailer.

You found the articles to be anti-friction devices and liquidated the
entry under subheading 8482.10.50, Harmonized Tariff Schedule of the
United States (HTSUS), which provides for other ball bearings. The rate
of duty is 11 percent ad valorem. Protestant contends that the articles
contain ball bearings which perform the antifriction function, but are
distinct from articles classifiable as ball bearings because they serve
primarily to transmit axial load, thrust and traction forces to maximize
the steering and hauling capability for the trailer. These articles are
specially designed flanged turntables which are housings for bearings.
As such, protestant claims that subheading 8716.39.00, HTSUS, applies.
However, this is a provision for other trailers

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and semi-trailers for the transport of goods. The provision in
subheading 8716.90.50, HTSUS, encompasses parts of such trailers and
semi-trailers, but this provision was not claimed. The rate of duty
under both provisions is 3.1 percent ad valorem.

ISSUE:

Whether ball bearing turntables are goods included in any heading of
chapter 84.

LAW AND ANALYSIS:

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, and provided the
headings or notes do not require otherwise, according to GRIs 2 through
6.

Subject to certain exceptions not relevant here, parts which are goods
included in any of the headings of chapters 84 and 85 (other than
headings 8485 and 8548) are in all cases to be classified in their
respective headings. Section XVI, Note 2(a), HTSUS.

The Harmonized Commodity Description And Coding System Explanatory Notes
(ENs) constitute the Customs Cooperation Council\'s official
interpretation of the Harmonized System. While not legally binding on
the contracting parties, and therefore not dispositive, the ENs provide
a commentary on the scope of each heading of the Harmonized System and
are thus useful in ascertaining the classification of merchandise under
the System. Customs believes the notes should always be consulted. See
T.D. 89-80.

Relevant ENs at p. 1324 indicate that the bearings of heading 8482 are
used to considerably reduce friction. They normally consist of two
concentric rings or races enclosing single or double rows of balls or
rollers, and a cage which keeps them in place and ensures that their
spacing remains constant. Bearings of heading 8482 may be designed to
give radial support (radial bearings) or to resist thrust (thrust
bearings). Certain bearings may be designed for both radial and thrust
support.

The evidence of record indicates that turntable bearings are essentially
large thrust bearings used to reduce rotational (pivotal) friction
between two surfaces. In this case, the

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turntable bearing provides a frictionless pivot between the truck and
the trailer, thus functioning somewhat in the manner of the \"fifth
wheel\" on a tractor trailer rig. This application comports with the
cited ENs. See HQ 083066, dated April 6, 1989. In the bearing industry,
turntables are angular contact ball bearings designed to reduce friction
in both the radial and axial (thrust) planes. The fact that this article
may be specialized or dedicated to a particular use 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.

HOLDING:

Under the authority of GRI 1, the turntable bearing in issue here is
provided for in heading 8482. Actual classification is in subheading
8482.10.50, HTSUS, other bearings.

The protest should be denied. A copy of this decison should be attached
to the Customs Form 19 and forwarded to the proestant, through counsel,
as part of the notice of action on this protest.

Sincerely,

John Durant, Director

Commercial Rulings Division