CLA-2-85:OT:RR:NC:N2:220
Joseph Lovegren
Shimadzu Precision Instruments, Inc.
3645 N. Lakewood Blvd.
Long Beach, CA 90808
RE: The tariff classification of electric drive motors from Japan
Dear Mr. Lovegren:
In your letter dated August 12, 2020 you requested a tariff classification ruling.
The merchandise under consideration is identified as the Cargo Door Hinge Power Drive Units, Part Numbers 734-15610-XX and 732-13650-XX (Hinge Drive Units), and the Main Deck Cargo Door Power Drive Unit, Part Number 734-06400-XX (Main Deck Drive Unit). The Hinge Drive Units are described as three-phase electric AC motors that are used to actuate the cargo door of aircraft. Both motors have attached reduction gearing and can be manually actuated during electrical or motor failures. Based on the information provided, the Hinge Drive Unit motors are rated at 746 W output.
The Main Deck Drive Unit is described as a three-phase electric AC motor that is used to actuate the cargo door of aircraft. Attached to the motor is a reduction gear assembly that also serves to provide a manual override of door movement during electrical or motor failures. Based on the information provided, the Main Deck Drive Unit motor is rated at 2.33 kW output.
In your request, you suggest the subject drive motors are properly classified under subheading 8803.30.0030, Harmonized Tariff Schedule of the United States (HTSUS). We disagree.
Classification of the merchandise under the (HTSUS) is governed by the principles set forth in the General Rules of Interpretation (GRIs). GRI 1 states that merchandise shall be classified in accordance with the terms of the headings and relevant legal notes.
Each of the items under consideration consist of an AC electric motor, reduction gear trains, overload protection clutch assembly, a manual drive mechanism, and an an output shaft. In accordance with Note 4 to Section XVI, HTSUS, the three subject motor assemblies are considered functional units whereby the clearly defined function is imparted by the electric motor. As electric motors are excluded from Section XVII by Note 2(f) to that Section, clasification of the door hinge power drive units in heading 8803, HTSUS, is precluded.
The applicable subheading for the Cargo Door Hinge Power Drive Units, Part Numbers 734-15610-XX and 732-13650-XX will be 8501.51.6020, HTSUS, which provides for “Electric motors and generators (excluding generating sets): Other AC motors, multi-phase: Of an output not exceeding 750 W: Other: Gear motors.” The general rate of duty will be 2.5% ad valorem.
The applicable subheading for the Main Deck Cargo Door Power Drive Unit, Part Number 734-06400-XX will be 8501.52.4000, HTSUS, which provides for “Electric motors and generators (excluding generating sets): Other AC motors, multi-phase: Of an output exceeding 750 W but not exceeding 75 kW: Exceeding 750 W but not exceeding 14.92 kW.” The general rate of duty will be 3.7% ad valorem.
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