CLA-2 CO:R:C:M 951543 CMS
District Director of Customs
55 Erieview Plaza
Cleveland, OH 44114
RE: Protest No. 4195-90-000175; Windshield Wiper Electric
Motors; Gears; Linkage; Transmission Shafts; Control
Module; Subheading 8512.40.40
Dear District Director:
This protest was filed against your liquidations dated
October 26, 1990, through December 7, 1990, in which certain
windshield wiper motors were classified in subheading 8501.31.50,
Harmonized Tariff Schedule of the United States (HTSUS).
The merchandise consists of DC rotary electric motor
assemblies which drive the rear windshield wipers of Bronco
vehicles. The merchandise does not include wiper arms or blades.
The schematic diagram of the product indicates that the
assemblies include a reduction gearbox and a shaft or pin for
transmitting power to the wiper arm. Some models include an
electronic controller mechanism.
Is the merchandise classified as electric motors in Heading
8501, or as windshield wipers in Heading 8512?
LAW AND ANALYSIS:
In HQ 088650 (November 27, 1991), we held that similr
windshield wiper motors were classified as electric motors in
Heading 8501, and not as windshield wipers in Heading 8512. We -2-
noted that the Harmonized Commodity Description and Coding System
Explanatory Notes to Heading 8501, p. 1334, provide:
With the exception of starter motors for internal
combustion engines (heading 85.11), the heading covers
electric motors of all types from low power motors for
use in instruments, clocks, time switches, sewing machines,
toys, etc., up to large powerful motors for rolling mills,
etc." [emphasis in original]
Motors remain classified here even when they are equipped
with pulleys, with gears or gearboxes, or with a flexible
shaft for operating hand tools. [emphasis added]
The Explanatory Notes also provide that Heading 8501 motors
may incorporate fans or other devices for keeping the motors cool
The merchandise under consideration is described by Heading
8501. The merchandise consists of electric motors equipped with
gearboxes and other components for transmitting power to the
apparatus which the motor drives.
The electronic controller mechanism of the merchandise under
consideration is akin to the electronics module attached to the
windshield wiper motor at issue in HQ 088650.
The wattage output of the motors is not stated. Once the
District determines the actual wattage output of the motors, the
merchandise should be classified in the appropriate subheading
within subheadings 8501.10.20 through 8501.10.60, or 8501.31.20
through 8501.31.60, HTSUS.
Once the District determines the actual wattage output of
the motors, the merchandise should be classified in the
appropriate subheading within subheadings 8501.10.20 through
8501.10.60, or 8501.31.20 through 8501.31.60, HTSUS. The protest
should be denied, except to the extent reclassification according
to the wattage output would result in a partial duty allowance.
A copy of this decision should be attached to the Customs Form 19
and mailed to the protestant as part of the notice of action on
John Durant, Director
Commercial Rulings Division