HQ 082968: Protest 3901-7-000778, disk harrow bearings

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 082968


                        December 4, 1989

CLA-2 CO:R:C:G  082968  JMH

CATEGORY:  Classification

TARIFF NO.:  666.00, 680.37

District Director
Chicago District
610 South Canal St.
Chicago, IL  60607

RE:  Protest 3901-7-000778,
     disk harrow bearings

Dear Sir:

     The following is our decision regarding protest 3901-7-
000778, dated July 1, 1987.  At issue is the classification
under the Tariff Schedule of the United States (TSUS) for certain
disk harrow bearings.

FACTS:

     The merchandise in question are disk harrow bearings
imported from Yugoslavia by Klodno Pivo, Inc. DBA.  These
bearings are radial ball bearings designed to be press-fitted
into rotary tillage disks used on farm vehicles.  The bearings
provide antifriction properties to the disk.  No other functions
are listed or claimed for the bearings.

     The protestant claims that the bearings should be classified
within Item 666.00, TSUS, as parts of farm machinery.  Your
office has classified the articles within Item 680.37, TSUS, as
"Ball or roller bearings..."

ISSUE:

     Whether the disk harrow bearings are properly classified as
within Item 666.00, TSUS, as "Machinery for soil preparation, and
cultivation, agricultural drills and planters, fertilizer
spreaders, harvesting and threshing machinery, hay or grass
mowers (except lawn mowers), farm wagons and carts, milking
machines, on-farm equipment for the handling or drying of
agricultural or horticultural products, and agricultural and


                               -2-


horticultural implements not specially provided for, and parts
of any of the foregoing...", or as "Ball or roller bearings..."
within Item 680.37, TSUS.

LAW AND ANALYSIS:

     The classification of merchandise under the TSUSA is
governed by the General Headnotes.  General Headnote (ij) states
that "a provision for "parts" of an article covers a product
solely or chiefly used as a part of such article, but does not
prevail over a specific provision for such part."  Schedule 6,
Part 4, Subpart 3, headnote 1, TSUS, states "The provisions of
item 666.00...do not apply to ...any of the articles specially
provided for elsewhere in the tariff schedules..."  Although
parts of farm vehicles are included within Item 666.00, ball
bearings are specifically provided for within  Item 680.37.
Therefore, the ball bearings are properly classified within Item
680.37.

     Furthermore, it is the Customs position that the mere
dedication of a ball bearing to a specific use does not make it
more than a bearing.  "Unless the bearings have physical
properties or a function which is a feature nonsubordinate to and
distinct from the antifriction function, these bearings are
classifiable under the eo nomine provision for bearings."
Headquarters Ruling Letter 069852, dated July 14, 1982.  See also
Headquarters Ruling Letter 072787, dated June 31, 1983.

HOLDING:

     The Klodno Pivo, Inc., DBA disk harrow bearings should be
classified within Item 680.37, TSUS.  The protest should be
denied.  A copy of this decision should be forwarded to the
protestant with the Form 19, denial of protest.

                              Sincerely,



                              John Durant, Director
                              Commercial Rulings Division