CLA-2-85:S:N:N3:113 800914

Ms. Teresa K. Brohman
AGV Products, Inc.
9307-E Monroe Road
Charlotte, NC 28270-1485

RE: The tariff classification of DC motor drives from Italy

Dear Ms. Brohman:

In your letter dated August 4, 1994, you requested a tariff classification ruling.

The merchandise is DC motors with outputs ranging from 750 watts to 3,000 watts, which are used for automated guided vehicles. The motors include drive and steer motors, gears, brakes and a tire. In the opinion of this office, the essential character of this article is the motor. The duty rate will depend on the wattage output.

The applicable subheading for the DC motors will be 8501.31.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other DC motors of an output not exceeding 750 W, other. The rate of duty will be 3.7 percent ad valorem.

The applicable subheading for the DC motors will be 850132.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for other DC motors of an output exceeding 750 W but not exceeding 75 kW, exceeding 750 W but not exceeding 14.92 kW. The rate of duty will be 3.7 percent ad valorem.

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

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport