Mr. Richard C. King
Fitch, King and Caffentzis
116 John Street
New York, NY 10038
RE: The tariff classification of pedestal actuators from an unnamed country of origin.
Dear Mr. King:
In your letter dated August 9, 2002, received in this office on August 21, 2002, you requested a ruling on behalf of Motion Systems Corporation on tariff classification.
The merchandise is pedestal actuators, with or without motors. The actuators are electromechanical linear actuators used for lifting, lowering, pushing or pulling. They are powered by fractional horsepower DC or AC motors that drive a ball bearing screw or acme screw through a gear reducer to convert rotary to linear motion. They have telescoping members, which rigidly support the load and provide anti-rotation, and are designed for flat or base mounting. The principal use of these items is as parts of mobility scooters, in which they serve as elevating and lowering seat supports.
The applicable subheading for the actuators without motors, if not ball bearing screws, will be 8483.40.5010, Harmonized Tariff Schedule of the United States (HTS), which provides for fixed ratio speed changers. The general rate of duty will be 2.5 percent ad valorem.
The applicable subheading for actuators without motors, if ball bearing screws, will be 8483.40.8000, HTS, which provides for ball or roller screws. The general rate of duty will be 3.8 percent ad valorem.
The linear actuators with motors will be classifiable under heading 8501, HTS, in the subheading for the appropriate type and rating. For example, the applicable subheading for an actuator with a universal AC/DC motor, exceeding 37.5 W, but not exceeding 74.6 W, will be 8501.20.2000, HTS, which provides for electric motors, universal AC/DC motors of an output exceeding 37.5 W, exceeding 37.5 W but not exceeding 74.6 W. In that case, the general rate of duty will be 3.3 percent ad valorem.
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 James Smyth at 646-733-3018.
Robert B. Swierupski