CLA-2-85:OT:RR:NC:N1:112

Michael B. Zara
Bryan Cave International Consulting
120 Broadway, Suite 300
Santa Monica, CA 90401-2386

RE: The tariff classification of aircraft actuators from France

Dear Mr. Zara:

In your letter dated July 16, 2014 you requested a tariff classification ruling on behalf of your client Sagem Avionics LLC.

The item is question is referred to as a “screw actuator”, which is used in aircraft to control the pitch and tilt of horizontal tail. The actuator consists of two rotary 28V electric motors and associated hardware, a gear box, a torque limiter, a solid shaft, a threaded control shaft, and a mechanical extension limiter. The actuator receives signals from the aircraft control systems which direct the motor to rotate. The gear box converts this rotary motion into linear motion in the drive screw, which allows for the aircraft’s tail to be moved to a precise position. The existence of a second electric motor is for redundancy purposes. Each motor is rated at peak 600 W output.

You suggested that the Aircraft Actuator be classified under 8412.80.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other engines and motors, and parts thereof: Other engines and motors: Other.” As an alternative, you proposed subheading 8803.30, provided for “Parts of goods of heading 8801 or 8802: Other parts of airplanes or helicopters.” This office disagrees with both classifications.

Classification of merchandise under the HTSUS is governed by the General Rules of Interpretation (GRIs). GRI 1 provides that classification is determined first in accordance with the terms of the headings of the tariff and any relative section or chapter notes. Although not dispositive, the Explanatory Notes (ENs) to the Harmonized Commodity Description and Coding System represent the official interpretation of the tariff at the international level and facilitate classification under the HTSUS by offering guidance in understanding the scope of the headings and the GRIs.

ENs 84.12 state in pertinent parts, “This heading covers engines and motors not included … in heading 85.01 or 85.02. It therefore covers non-electric engines and motors…” The actuator under consideration has been determined to be an electric motor. Thus, classification in 8412 is inapplicable.

Legal note 2 to Section XVII excludes the following "parts" and "parts and accessories" (f) Electrical machinery or equipment (chapter 85). Therefore, classification of the actuator in subheading 8803.30 is precluded.

ENs 85.01 state in pertinent parts, “Motors remain classified here even when they are equipped with pulleys, with gears or gear boxes…” The actuator under consideration consists of an electric motor (the second motor is for redundancy purposes only), a gear box, and a drive shaft. Based on the aforementioned, the actuator is classifiable under heading 8501, HTSUS.

The applicable subheading for the Actuator will be 8501.31.6000, HTSUS, which provides for "Electric motors…: Other DC motors;…: Of an output not exceeding 750 W: Other. The duty rate will be 2.4%.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Karl Moosbrugger at [email protected].

Sincerely,

Gwenn Klein Kirschner, Director
National Commodity Specialist Division