February 28, 2007 CBP Bulletin Notice on McPherson Strut Component
In the February 28, 2007 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 41, No. 10), CBP published a notice proposing to revoke a classification ruling and treatment as follows:
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Proposed revocation of ruling; proposed revocation of treatment. CBP is proposing to revoke a ruling on the classification of a McPherson strut component. CBP is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.
CBP states that any party who has received a contrary written ruling or decision on the merchandise that is subject to the proposed ruling revocation, or any party involved with a substantially identical transaction, should advise CBP by March 30, 2007, the date that written comments on the proposed rulings are due. Furthermore, CBP states that an importer's failure to advise CBP of such rulings, decisions, or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agent for importations subsequent to the effective date of the final decision in this notice.
In addition, CBP states that this notice covers any rulings on the subject merchandise that may exist but have not been specifically identified.
McPherson strut component. The merchandise at issue is identified as SKF part number BDAB447071, an unground automotive housed thrust ball bearing. It is a housed thrust ball bearing used in the assembly of a McPherson Strut. A McPherson Strut is used in the steerable front or rear suspension of a motor vehicle. The housed thrust ball bearing is located in the strut assembly between the coil spring and the structure of the vehicle. The article consists of two steel thrust washers, steel balls and a cage contained in a plastic enclosure. The washers, ball and cage form a thrust bearing with the washers serving as raceways and the balls as rolling elements. The enclosure is formed by two pieces of plastic that snap together to create a housing for the bearing.
CBP is proposing to issue HQ H004160 in order to revoke NY 892999 and reclassify the subject merchandise under 8708.80.6590, which provides for ''Parts and accessories of the motor vehicles of headings 8701 to 8705: Suspension systems and parts thereof (including shock absorbers): Parts: Other: Other, Other," rather than heading 8482.10.5004, which provides for ''Ball or roller bearings, and parts thereof.''
CBP proposes this change as a correction. The Explanatory Notes (ENs) to 8482 state that the heading does not cover bearing housings that incorporate ball bearings therefore the subject merchandise is precluded from classification in heading 8482. By application of Notes 2(e) and 3 to Section XVII, the housed thrust ball bearing should be classified in heading 8708. It is provided for in subheading 8708.80.6590, which provides for "Parts and accessories of the motor vehicles of headings 8701 to 8705: suspension systems and parts thereof (including shock absorbers): Parts: Other: Other, Other."
proposed: 8708.80.6590, 2.5%; current: 8482.10.5004, 9%
February 28, 2007 CBP Bulletin (Vol. 41, No.10) available athttp://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2007/