HQ 960359

November 11, 1997

CLA-2 RR:CR:GC 960359 HMC

CATEGORY: Classification

TARIFF NO.: 7220.20.00

Port Director of Customs

1901-K Cross Beam Drive

Charlotte, NC 28217

RE: PRD 1512-96-100255; Steel Shaft; Subheading 8482.99.05;

Explanatory Notes 72.15 and 84.82; Other Bars and Rods of Iron or

Nonalloy Steel; Inner or Outer Rings or Races for Ball Bearings.

Dear Port Director:

This is our decision on Protest 1512-96-100255, filed

against your classification of steel shafts. The entries under

protest were liquidated on November 8, 15, and 22, 1996, and this

protest timely filed on December 12, 1996. A sample was

submitted for examination.

FACTS:

The merchandise under protest consists of steel shafts

manufactured in Germany. The shafts are solid circular stainless

steel rods machined to antifriction bearing specifications that

can be used for linear motion guideways and other applications,

such as guide rods, control rods, rollers, pistons, axles, guide

pins, tie rods, spindles, guide columns and mandrels. Literature

provided by the importer explains that the steel shafts are

induction hardened and centerless ground. Complete machining

services are available to create keyways, flats, tapped holes,

coaxial holes, grooves, etc. The literature provides the

customer with design specifications and illustrations of the

different adjustments that may be done to the shafts.

The merchandise was entered under a provision for other bars

and rods of iron or nonalloy steel, not further worked than cold-formed
or cold-finished in subheading 7215.50.00 of the

Harmonized Tariff Schedule of the United States (HTSUS).

However, the entries were liquidated under subheading 8482.99.05,

HTSUS, as inner or outer rings or races for ball bearings.

The provisions under consideration are as follows:

7215 Other bars and rods of iron or nonalloy

steel:

7215.50.00 Other, not further worked than cold-formed or
cold-finished\...6%

\* \* \* \*

7222 Other bars and rods of stainless steel;

angles, shapes and sections of stainless

steel:

7222.20.00 Bars and rods, not further worked than

cold-formed or cold-finished\...8.5%

\* \* \* \*

8482 Ball or roller bearings, and parts thereof:

Parts:

8482.99 Other:

Inner or outer rings or races:

8482.99.05 For ball

bearings\...10.6%

ISSUE:

Whether the stainless steel shaft is classifiable as other

bars and rods, not further worked than cold-formed or cold

finished under subheadings 7215.50.00 or 7222.20.00, HTSUS, or as

inner or outer rings or races for ball bearings under subheading

8482.99.05, HTSUS.

LAW AND ANALYSIS:

Merchandise is classifiable under the 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.

Protestant claims that the steel shafts are classifiable as

other bars or rods or nonalloy steel, not further worked than

cold-formed or cold-finished under subheading 7215.50.00, HTSUS,

based on the premise that the merchandise has different uses as

imported.

Chapter 72, Note 1(m), HTSUS, states, in part, that the

expression \"other bars and rods\" means

\[p\]roducts which do not conform to any of the definitions at

(ij), (k) or (l) above or to the definition of wire, which

have a uniform solid cross section along their whole length

in the shape of circles, segments of circles, ovals,

rectangles (including squares), triangles or other convex

polygons (including \"flattened circles\" and \"modified

rectangles\", of which two opposite sides are convex arcs,

the other two sides being straight, of equal length and

parallel).

The Harmonized Commodity Description And Coding System

Explanatory Notes (ENs) constitute the 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 ENs should always be consulted. See T.D. 89-80, 54 Fed. Reg.

35127, 35128 (Aug. 23, 1989). EN 72.15 states in part, at page

1088, that heading 7215

covers bars and rods other than those of heading 72.13 or

72.14. The bars and rods of this heading may :

\(1\) be obtained by cold-forming or cold-finishing, i.e.,

have been subjected either to a cold pass through one

or more dies (cold-drawn bars) or to a grinding or

turning process (grinded or sized bars).

\(2\) have been subjected to working (such as drilling or

sizing, or to futher \[sic\] surface treatments than are

allowed for products of heading 72.14, such as plating,

coating, or cladding (see Part (IV) (C) of the General

Explanatory Note to this Chapter), provided that they

do not thereby assume the character of articles or of

products falling within other headings;

We believe that the subject steel rods meet the definition

of Note 1(m) to Chapter 72 and the ENs. The steel rods in this

instance have a solid cross section along their whole length in

the shape of a circle. The shafts are machined to antifriction

bearing specifications but such work, we believe, does not

exclude them from classification within Chapter 72.

We note that the shafts are made of stainless steel and, as

such, are better described by heading 7222 that provides for

other bars and rods of stainless steel. EN 72.22 states that the

provisions of the Explanatory Notes to headings 7214 to 7216

apply, mutatis mutandis, to the products of this heading. The

stainless steel shafts are thus classifiable in subheading

7222.20.00, HTSUS, as other bars and rods of stainless steel, not

further worked than cold-formed or cold-finished.

Customs classified the steel shafts under subheading

8482.99.05, HTSUS, as other inner or outer rings or races, which

are parts for ball bearings. EN 84.82 states that normally

bearings consist of two concentric rings (races) enclosing the

balls or rollers, and a cage which keeps them in place and

ensures that their spacing remains constant. The EN also states

that heading 8482 covers parts of ball, roller or needle roller

bearings. We believe that the imported shafts are not like any

of the items described by the ENs. Furthermore, protestant has

provided sufficient evidence showing that the steel shafts are

used for many applications other than ball bearings.

We note HQ 958014, dated July 20, 1995, wherein circular

steel shafts were classified as inner or outer rings or races for

ball bearings under subheading 8482.99.05, HTSUS. The

merchandise in that ruling is distinguishable from the

merchandise subject of this protest. The merchandise in HQ

958014 did not consist of a solid circular shaft designed to have

multiple uses. Furthermore, heading 7222 was not considered in

HQ 958014, and we find that it is heading 7222, not heading 8482

that describes the subject steel shafts.

HOLDING:

Under the authority of GRI 1, the steel shafts are provided

for in heading 7222, HTSUS. They are classifiable in subheading

7222.20.00, HTSUS, as other bars and rods of iron or nonalloy

steel, not further worked than cold-formed or cold-finished.

This protest should be DENIED, except to the extent

reclassification of the merchandise as indicated above results in

a partial allowance. In accordance with Section 3A(11)(b) of

Customs Directive 099 3550-065, dated August 4, 1993, Subject:

Revised Protest Directive, you should mail this decision,

together with the Customs Form 19, to the protestant no later

than 60 days from the date of this letter. Any reliquidation of

the entry or entries in accordance with the decision must be

accomplished prior to mailing the decision.

Sixty days from the date of the decision the Office of

Regulations and Rulings will take steps to make the decision

available to Customs personnel via the Customs Rulings Module in

ACS and to the public via the Diskette Subscription Service, the

Freedom of Information Act and other public access channels.

Sincerely,

John Durant, Director

Commercial Rulings Division