CLA-2:CO:R:C:G   083955 JAS
Murray Sklaroff, Esq.
             1507 Howell Road
             Valley Stream, New York 11580-1328
             RE:  Clutch Motors and Needle Positioner Motors
             Dear Sir:
                  In your letter of February 27, 1989, on behalf of your
             client Consolidated Sewing Machine Corp., Maspeth, New York,
             you ask that we reconsider a ruling on electric sewing machine
             motors.  Our ruling follows.
             FACTS:
                  Ruling letter 835179, dated January 20, 1989, from the
             Area Director of Customs, New York Seaport, concerned certain
             1/3, 1/2, and 3/4 hp. electric motors used with industrial
             sewing machines.  The ruling held 1-phase AC electric clutch
             motors and needle positioner motors, to be classifiable as
             other AC gear motors, single-phase, in subheading
             8501.40.4020, Harmonized Tariff Schedule of the United States
             Annotated (HTSUSA), and 3-phase AC electric clutch motors and
             needle positioner motors as other AC gear motors, multi-phase,
             in subheading 8501.51.4020, HTSUSA.
                  The clutch motor is designed for attachment to industrial
             type sewing machines and contains a clutch mechanism, braking
             mechanism, and a belt pulley to transmit power.  These
             features permit the motor to continually run and stop and
             restart the operation of the sewing machine.  You state the
             needle positioner motor provides motive power for industrial
             sewing machines, as well as instantaneous starting and
             stopping of these machines.  Unlike the clutch motor, which
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             performs physical clutching and braking functions, the needle
             positioner motor performs its clutching and starting functions
             and its braking and stopping functions by means of a
             microprocessor utilizing electromagnetic waves.  The needle
             positioner motor performs the additional functions of
             positioning the sewing machine needle, sending signals to
             sever the sewing thread, reversing direction, and permitting
             sewn objects to be removed from the machine.
                  Our New York office has cited relevant Explanatory Notes,
             which provide guidance as to the scope of the HTSUSA at the
             international level, for the proposition that electric motors
             remain classifiable in heading 8501 even when they are
             equipped with pulleys, with gears or gear boxes, or with a
             flexible shaft.  However, you have submitted drawings which
             purport to show that the pulley is a feature of the clutch and
             brake components and is not attached to the motor section.
             You maintain that the presence of the braking and clutching
             components are additional functions which make the clutch
             motor and needle positioning motor "more than" single-phase
             and multi-phase AC electric motors for tariff purposes.  You
             conclude that the proper classification is in subheading
             8452.90.0090, HTSUSA, a provision for other parts of sewing
             machines.
             ISSUE:
                  Are the clutch motors and needle positioning motors
             classifiable as electric AC motors under the HTSUSA?
             LAW AND ANALYSIS:
                  Your claim for classification in subheading 8452.90.0090,
             HTSUSA, is based on the tariff concept that where an article
             is in character or function either more limited or more
             diversified than that described by a specific statutory
             provision, and the difference is significant, the article
             cannot be classified in that provision.  It is more than the
             article described.  This tariff concept was developed in
             judicial decisions under the Tariff Schedules of the United
             States (TSUS).  However, because the HTSUSA has replaced the
             TSUS as the official tariff code of this country, this tariff
             concept does not control classification in this case.
                  General Rule of Interpretation (GRI) 1, HTSUSA, states,
             in part, that for legal purposes, classification shall be
             determined according to the terms of the headings and any
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             relative section or chapter notes.  Electric motors and
             generators are classifiable in heading 8501.  Section XVI,
             Note 2(a), HTSUSA, states that 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.  Whether or not the clutch motors
             and needle positioning motors are parts of industrial sewing
             machines, GRI 1 requires that they be classified in heading
             8501, provided they remain electric motors.
                  The Explanatory Notes indicate that heading 8501 covers
             electric motors of all types.  Motors remain classifiable in
             heading 8501 even when equipped with pulleys, with gears or
             gear boxes, or with a flexible shaft for operating hand tools.
             It therefore appears that electric motors imported with
             additional components which complement the function of a motor
             were intended to remain classifiable in heading 8501.
             HOLDING:
                  The clutch motors and needle positioning motors in
             question, which are 1-phase AC electric motors, are
             classifiable in subheading 8501.40.4020, HTSUSA, while those
             motors which are 3-phase AC electric motors are classifiable
             in subheading 8501.51.4020, HTSUSA.  Ruling 835179, dated
             January 20, 1989, is affirmed.
                                        Sincerely,
John Durant, Director
                                        Commercial Rulings Division