CLA-2-85:OT:RR:NC:N2:220
Antonio Herrera
Powertec
13509 S. Point Blvd., Suite 190
Charlotte, NC 28273
RE: The tariff classification of electric motors from China
Dear Mr. Herrera:
In your letter dated July 22, 2020 you requested a tariff classification ruling.
There are two electric motors submitted for our review. The first electric motor under consideration is described as the 0.4 kW DC motor that operates on 12 V and 24 V. The motor is rated at 3000 RPM and its intended use is in industrial applications to include pumping, steering, and hydraulic power units for battery-operated vehicles such as forklift, aerial platforms, etc.
The second electric motor under consideration is described as the 5.5 kW DC motor that operates on 72 V. The 5.5 kW motor is rated at 3000 RPM and its intended use is in industrial applications to include pumping, steering, and hydraulic power units for battery-operated vehicles such as forklift, aerial platforms, etc.
The applicable subheading for the 0.4 kW DC motor will be 8501.31.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electric motors…: Other DC motors…: Of an output not exceeding 750W: Motors: Exceeding 74.6W but not exceeding 735W.” The general rate of duty will be 4 percent ad valorem.
The applicable subheading for the 5.5 kW DC motor will be 8501.32.2000, HTSUS, which provides for "Electric motors…: Other DC motors…: Of an output exceeding 750 W but not exceeding 75 kW: Motors: Exceeding 750 W but not exceeding 14.92 kW". The rate of duty will be 2.9%.
Pursuant to U.S. Note 20 Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8501.31.4000 and 8501.32.2000, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.02, in addition to subheading 8501.31.4000 and 8501.32.2000, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at:
https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actionshttps://www.cbp.gov/trade/remedies/301-certain-products-china
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 the World Wide Web at https://hts.usitc.gov/current.
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,
Steven A. Mack
Director
National Commodity Specialist Division