HQ 954417: Agate Bearings; Weighing Machinery; Semiprecious Stones; Chapter 71, Note 3(ij); Section XVI, Note 1(f); 8423.90.00

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 954417
                          June 25, 1993


CLA-2 CO:R:C:M 954417 DWS

CATEGORY: Classification

TARIFF NO.: 7116.20.20

Mr. Ernest Ferrante
Kuehne & Nagel, Inc.
10 Exchange Place, 19th Floor
Jersey City, NJ 07302

RE: Agate Bearings; Weighing Machinery; Semiprecious Stones;
    Chapter 71, Note 3(ij); Section XVI, Note 1(f); 
    8423.90.00

Dear Mr. Ferrante:

     This is in response to your letter of May 25, 1993, to the
Regional Commissioner of Customs, New York, on behalf of Ohaus
Scale Corporation, concerning the classification of agate bearings
under the Harmonized Tariff Schedule of the United States (HTSUS).
Your letter has been referred to Headquarters for a reply.

FACTS:

     The merchandise consists of bearings composed of the
semiprecious stone agate.  The bearings are used in mechanical
reloading scales and triple beam scales.

     The subheadings under consideration are as follows:

     8524.90.00: [w]eighing machine weights of all kinds; parts of
                 weighing machinery.

     The general, column one rate of duty is 5.5 percent ad
     valorem.

     7116.20.20: [a]rticles of natural or cultured pearls, precious
                 or semiprecious stones (natural, synthetic or 
                 reconstructed: [o]f precious or semiprecious
                 stones (natural, synthetic or reconstructed):
                 [o]ther: [o]f semiprecious stones (except rock
                 crystal).

      The general, column one rate of duty is 21 percent ad valorem.

ISSUE:

     Whether the agate bearings are classifiable under subheading
8524.90.00, HTSUS, as parts of weighing machinery, or under
subheading 7116.20.20, HTSUS, as other articles of semiprecious
stones?

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUS is in accordance
with the General Rules of Interpretation (GRI's), taken in order.
GRI 1 provides that classification is determined according to the
terms of the headings and any relative section or chapter notes.

     In part, chapter 71, note 3(ij), HTSUS, states that:

     [t]his chapter does not cover:

     (ij) . . . machinery, mechanical appliances or electrical   
           goods, or parts thereof, of section XVI.  However,    
            articles and parts thereof, wholly of precious or
          semiprecious stones (natural, synthetic or reconstructed)
          remain classified in this chapter, except unmounted
          worked sapphires and diamonds for styli (heading 8522).

     Section XVI, note 1(f), HTSUS, states that:

     [t]his section does not cover:

     (f) Precious or semiprecious stones (natural, synthetic or
         reconstructed) of headings 7102 or 7104, or articles    
          wholly of such stones of heading 7116, except unmounted
         worked sapphires and diamonds for styli (heading 8522).

     Under chapter 71, note 3(ij), HTSUS, the agate bearings, even
though parts of weighing machinery of chapter 84, HTSUS, are to
remain in chapter 71, HTSUS, because they are wholly of
semiprecious stones.  Furthermore, section XVI, note 1(f), HTSUS,
excludes articles wholly of semiprecious stones.

     Therefore, it is our position that the agate bearings are
classifiable under subheading 7116.20.20, HTSUS, as other articles
of semiprecious stones.

 HOLDING:

     The agate bearings are classifiable under subheading
7116.20.20, HTSUS, as other articles of semiprecious stones.

                           Sincerely,



                           John Durant, Director