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

Lewis Leibowitz
The Law Office of Lewis E. Leibowitz
1400 16th Street, N.W. Suite 350
Washington, DC 20036

RE: The tariff classification of motor overload protectors from China

Dear Mr. Leibowitz:

In your letter dated March 25, 2019 you requested a tariff classification ruling on behalf of your client, Sensata Technologies Inc.

There are two items under consideration which are identified as the Motor Protector for Refrigeration Compressors, PN 4TM445PHBYY, and Motor Protector for AC Motors, PN 17AM214A5. You have submitted one sample of each apparatus for our review.

Both motor protectors consist of an assembly containing various metal contacts, bimetal discs, bases or plates, which are all contained within a housing. Based on the information provided, the subject motor protectors operate at less than 1,000 V and are designed to protect an electric motor from overheating.

In use, the motor protectors are mounted to an electric motor and monitor overload conditions by sensing the current and temperature of the motor. When the bimetal disc is heated due to an excess of electrical current, the disc will open the contacts which removes supplied power to the motor. When the temperature sufficiently decreases, the bimetal disc will return to its normal position and close the circuit, thereby applying power back to the motor.

In your request you suggest the subject motor protectors are classifiable under subheading 8536.30.40, Harmonized Tariff Schedule of the United States, (HTSUS). We agree.

The applicable subheading for the Motor Protector for Refrigeration Compressors, PN 4TM445PHBYY, and Motor Protector for AC Motors, PN 17AM214A5, will be 8536.30.4000, HTSUS, which provides for "Electrical apparatus for switching or protecting electrical circuits...Other apparatus for protecting electrical circuits: Motor overload protectors." The general rate of duty will be 0.6 percent ad valorem.

Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974). Products of China that are provided for in subheading 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings.

Products of China classified under subheading 8536.30.4000, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.01, in addition to subheading 8536.30.4000, HTSUS, listed above.

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 karl.moosbrugger@cbp.dhs.gov.

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division