Mr. Anthony Fondacaro
T. H. Weiss, Inc.
2 Johnson Road
Lawrence, NY 11559
RE: The tariff classification of an elevator drive from the
Dear Mr. Fondacaro:
In your letter of no date, received in this office on
September 11, 1995, on behalf of Renold Gears, Inc. you requested
a tariff classification ruling.
The item is described as a drive unit for an elevator. The
unit consists of a gear motor, rated at 50 HP (37.3 kW), and a
deflector sheave. The motor may be AC, multi-phase or DC.
The Explanatory Notes (ENs) to the Harmonized Commodity
Description and Coding System represent the official
interpretation of the Customs Cooperation Council on the scope of
each heading; although neither binding upon the contracting
parties to the Harmonized System Convention nor considered to be
dispositive interpretations, they may be consulted on the proper
scope of the heading.
The Explanatory Notes to Section XVI, heading 8501, HTS,
state that motors remain classified in that heading even when
they are equipped with pulleys, or with gears or gear boxes.
The applicable subheading for the DC drive unit will be
8501.32.5540, 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, motors, other, other. The rate of
duty will be free.
The applicable subheading for the multi-phase AC drive unit
will be 8501.52.8040, Harmonized Tariff Schedule of the United
States (HTS), which provides for other AC motors, multi-phase, of
an output exceeding 750 W but not exceeding 75 kW, other, other.
The rate of duty will be free.
This ruling is being issued under the provisions of Section
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 James
Smyth at 212-466-2084.
Roger J. Silvestri