CLA-2-85:OT:RR:NC:N4:112

Robert N. Feit
Supply Chain Coordinator
CP International, Inc.
10681 Haddington Dr., Suite 130
Houston, TX 77043

RE: The tariff classification of AC multi-phase motors from China

Dear Mr. Feit:

In your letter dated November 11, 2015, you requested a tariff classification ruling.

The items in question are referred to as NEMA D design electric motors (Model numbers NEH256T, NEH284T, NEH286T, NEH324T, NEH326T, NEH365T, NEH404T, NEH405T, NEH444T, NEH445T, and NEH447T), and NEMA B design electric motors (Model numbers NSH256T, NSH284T, NSH286T, NSH324T, NSH326T, NSH364T, NSH365T, NSH404T, NSH405T, NSH444T, NSH445T, and NSH447T). All of the motors are said to be multi-phase AC Electric Motors used for oil pumping units with a maximum output ranging from 7.48 kW to 111.9 kW.

In your letter, you have provided the output for each model number as it is measured in horsepower. As noted in Section XVI, Chapter 85, Additional U.S. Note 1 of the Harmonized Tariff Schedule of the United States, (HTSUS), 1 horsepower is equivalent to 746 Watts. Therefore, we have provided the classification of the motors based upon the stated output.

The applicable subheading for the electric motors with model numbers NEH256T, NEH284T, NSH256T, and NSH284T 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.

The applicable subheading for the electric motors with model numbers NEH286T, NEH324T, NEH326T, NEH365T, NEH404T, NEH405T, NEH444T, NEH445T, NSH286T, NSH324T, NSH326T, NSH364T, NSH365T, NSH404T, NSH405T, and NSH444T will be 8501.52.8040, 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: Other: Other.” The general rate of duty will be free.

The applicable subheading for the electric motors with model numbers NEH447T, NSH445T, and NSH447T will be 8501.53.4080, HTSUS, which provides for "Electric motors and generators (excluding generating sets): Other AC motors, multi-phase: Of an output exceeding 75 kW: Exceeding 75 kW but under 149.2 kW: Other." The general rate of duty will be free.

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 World Wide Web at http://www.usitc.gov/tata/hts/.

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 Steven Pollichino at Steven.Pollichino@cbp.dhs.gov.

Sincerely,

Gwenn Klein Kirschner
Director
National Commodity Specialist Division