CLA-2-85:OT:RR:NC:N2:220

Nithya Nagarajan
Husch Blackwell, LLP
750 17th Street, NW Suite 900
Washington, DC 20006-4675

RE: The tariff classification of electric AC motors from China

Dear Ms. Nagarajan:

In your letter dated July 30, 2018 you requested a tariff classification ruling on behalf of your client, Hoff Associates, Inc.

The products under consideration are single phase electric AC motors which operate on 120 V, 240 V, or 277 V (Tri-Voltage). The first AC motor is identified as Model Number ZWK702B0A3004, which is described as an electronically commutated motor (ECM) rated at 1/3 Horsepower (HP). You state the Tri-Voltage AC electric motor has a peak output wattage of 248.56 W.

The second AC motor is identified as Model Number ZWK702B0A3005, which is described as an ECM rated at 1/3 HP. You state the Tri-Voltage AC electric motor has a peak output wattage of 248.56 W.

The third AC motor is identified as Model Number ZWK702B5A3007, which is described as an ECM rated at 1/2 HP. You state the Tri-Voltage AC electric motor has a peak output wattage of 372.85 W.

The fourth AC motor is identified as Model Number ZWK702D0A3008, which is described as an ECM rated at 3/4 HP. You state the Tri-Voltage AC electric motor has a peak output wattage of 559.275 W.

The fifth AC motor is identified as Model Number ZWK702B0C3001, which is described as an ECM rated at 1/3 HP. You state the Tri-Voltage AC electric motor has a peak output wattage of 248.56 W.

The sixth AC motor is identified as Model Number ZWK702B5C3001, which is described as an ECM rated at 1/2 HP. You state the Tri-Voltage AC electric motor has a peak output wattage of 372.85 W.

The seventh AC motor is identified as Model Number ZWK702E0A3009, which is described as an ECM rated at 1 HP. You state the Tri-Voltage AC electric motor has a peak output wattage of 745.7 W.

In your request you suggest the subject motors rated between 248.56 W and 559.275 W are correctly classified in subheading 8501.40.4040 Harmonized Tariff Schedule of the United States (HTSUS). We agree. You also suggest the motor rated at 745.7 W is correctly classified in subheading 8501.40.6040, HTSUS. We disagree as the previous subheading specifically provides for electric motors falling within the output range of 735 W to 746 W. The applicable subheading for the AC motors with Model Numbers ZWK702B0A3004, ZWK702B0A3005, ZWK702B5A3007, ZWK702D0A3008, ZWK702B0C3001, and ZWK702B5C3001, will be 8501.40.4040, HTSUS, which provides for "Electric motors …: Other AC motors, single-phase: Of an output exceeding 74.6 W but not exceeding 735 W: Other. The rate of duty will be 4 percent ad valorem.

The applicable subheading for the AC motor with Model Number ZWK702E0A3009 will be 8501.40.5040, HTSUS, which provides for "Electric motors …: Other AC motors, single-phase: Of an output exceeding 735 W but not exceeding 746 W: Other. The rate of duty will be 3.3 percent 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 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 karl.moosbrugger@cbp.dhs.gov.

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division