CLA-2-85:OT:RR:NC:N1:109
Mr. Ron Levy
Staff Manager
Customs Brokerage Compliance
Kintetsu World Express USA Inc.
18450 S. Wilmington Ave.
Rancho Dominquez, CA 90220
RE: The tariff classification of a RK Series Driver, an Alpha Step Plus Integrated Driver and Controller, an EMP Series controller, a SG Stepping Motor Controller, and a BLF Series Driver from Japan and Singapore
Dear Mr. Levy:
In your letter dated January 15, 2009, you requested a tariff classification ruling, on behalf of your client, Oriental Motors, USA, Corporation. On January 29, 2009, National Import Specialists Linda M. Hackett and Thomas Campanelli of this office participated in a conference call with you and representatives of Oriental motors, USA, Corporation, Angelo Cabanban and John Wong, to obtain additional information which was originally submitted.
The merchandise subject to this ruling is a RK Series Driver, an Alpha Step Plus Integrated Driver and Controller, an EMP electric motor controller, a SG Stepping motor controller, and a BLF Series Driver. Samples of each of these items were furnished for classification purposes and are being returned as per your request.
The RK Series Driver is identified in your letter as Model RKD514L-A. From the sample and information you provided, the RK Series Driver is a solid state, 5-phase stepping motor and driver package, rated for up to 230 volts (V). This device consists of two printed circuit boards (PCBs) populated with active and passive components within a metal housing measuring approximately 5¼ inches high by 2¼ inches wide by 4¾ inches deep. The front panel features a terminal strip, one “D” type data connector, one three-lever DIP (Dual In-Line) switch and four rotary switches used to control the motor. The RK Series Driver receives AC power input and delivers DC power to an electric motor. This driver does not feature a programmable memory; adjustments controlling the motor are performed by the individual switches on the front panel.
The Alpha Step Plus Integrated Driver and Controller is identified in your letter as Model ASD24A-AP. From the sample and information you provided, this device is a solid state motor driver with integrated controller, and is rated for up to 230 V. This device consists of two PCBs populated with active and passive components within a metal housing measuring approximately 6 inches high by 1¾ inches wide by 4¾ inches deep. The front panel features a terminal strip, one RJ type socket connector, two multi-pin socket connectors and two “D” type data connectors. The Alpha Step Plus Integrated Driver and Controller receives AC power input and delivers DC power to an electric motor. This driver does not feature a programmable memory; all adjustments to control a motor must come from a separate device via the data connectors.
The EMP Series controller is identified in your letter as Model EMP401-2. The sample, which measures approximately 1½ inches high by 5½ inches wide by 3¾ inches deep, contains a printed circuit assembly within a plastic housing. Located on the back of the device is an LED monitor display to indicate power or alarm, a jack connection port, an input/output (I/O) signal connector, and an Axis-1 and an Axis-2 driver connector. Based on the information you provided, this device is called a programmable motion controller; however, it is a solid state device that simply transmits data. It does not open or close a circuit nor provide power to a motor. The EMP Series controller is an interface device that receives data from an I/O control and transmits that data to a motor driver. An example of the environment in which it communicates data was provided in your submission, i.e., when used with a golf club shaft deflection measuring machine. In that instance, the EMP electric motor controller sends (transmits) commands to the motors that move the measuring apparatus along the golf club length.
The SG Stepping Motor Controller is identified in your letter as Model SG8030J-D. From the sample and information you provided, it is a solid state device that switches between two control methods according to the application; sequential positioning and data selection positioning. It measures approximately 4½ inches high by 1¾ inches wide by 2¾ inches at the bottom of the device and 1¾ deep at the top of the device. Located on the top of the device is a data display, three LEDs that indicate an external input mode, program mode, or a test mode, and user interface buttons/switches to enable the user to accomplish some of the device’s programming functions. This SG Stepping Motor Controller does not provide power to operate a motor. However, the buttons/switches enable the user to regulate the speed of pulses, thus regulating the speed of a motor.
The BLF Series Driver is identified in your letter as Model BLFD60A2. From the sample and information you provided, the BLF Series Driver is a brushless DC 3-phase motor driver with a digital operator programmable controller, rated for up to 240 V. This device consists of a metal base with a plastic enclosure measuring approximately 5¼ inches high by 3¾ inches wide by 3½ inches deep. On the front of the enclosure are four terminal strips, one rotary switch, and a detachable digital operator with six momentary contact switches and digital display. Beneath a removable cover are two plug-in PCB connectors and two slide switches. Internally there are four PCBs, three of which are populated with active and passive components. The BLF Series motor driver receives AC power input and delivers DC power to an electric motor. The controls on the front panel provide the operator with full motor driver functions and can be programmed with its internal memory for multi-speed operations with four speed setting methods.
In your ruling request you suggest the RK Series Driver (Model RKD514L-A) and Alpha Step Plus Integrated Driver and Controller (Model ASD24A-AP) is correctly classified under subheading 8504.40.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Motor drive controllers for electric motors.” However, the RKD514L-A and ASD24A-AP not only control electric motors, they are the sole provider of power to the motor. Therefore, the RK Series Driver and Alpha Step Plus Integrated Driver and Controller are provided for under heading 8537, HTSUS, as apparatus for electric control and the distribution of electricity. As such, subheading 8504.40.4000, HTSUS is inapplicable.
You suggested that the EMP Series controller (Model EMP401-2) is correctly classified under subheading 8504.40.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Motor drive controllers for electric motors.” However, the EMP Series controller does not control the speed or the torque of an electric motor. It is a device that transmits data. Apparatus for the transmission of data is provided for in heading 8517, HTSUS. As such, subheading 8504.40.4000, HTSUS is inapplicable.
You suggested that the SG Stepping Motor Controller (Model SG8030J-D) is correctly classified under subheading 8537.10.9060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Programmable controllers.” However, the SG Stepping Motor Controller does not feature a programmable memory for the storage of instruction to control or for the distribution of power to a motor; rather it is a device that carries out the function of a speed drive controller for an electric motor by regulating the speed of a motor. Speed drive controllers for electric motors are provided for in heading 8504. As such, subheading 8537.10.9060, HTSUS is inapplicable.
The applicable subheading for the RK Series Driver (Model RKD514L-A) and the Alpha Step Plus Integrated Driver and Controller (Model ASD24A-AP) will be 8537.10.9070, HTSUS, which provides for “Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity…: For a voltage not exceeding 1,000 V: Other: Other: Other.” The general rate of duty will be 2.7% ad valorem.
The applicable subheading for the EMP Series (Model EMP401-2) will be 8517.69.0000, HTSUS, which provides for “Other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network): Other.” The rate of duty will be free.
The applicable subheading for the SG Stepping Motor Controller (Model SG8030J-D) will be 8504.40.4000, HTSUS, which provides for “Speed drive controllers for electric motors.” The rate of duty will be 1.5 percent ad valorem.
The applicable subheading for the BLF Series Driver (Model BLFD60A2) will be 8537.10.9060, HTSUS, which provides for “Boards, panels, consoles…and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity…: For a voltage not exceeding 1,000 V: Other: Other: Programmable controllers.” The general rate of duty will be 2.7 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 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 Specialists Linda Hackett at (646) 733-3015 or Thomas Campanelli at (646) 733-3016.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division