CLA-2-85:OT:RR:E:NC:N1:102

Mr. Jonathan W. Sterne
Account Executive
B & B Customs Brokers
420 E. Irving Park Road
Wood Dale, IL 60191

RE: The tariff classification of an electric motor and gearbox assembly from China

Dear Mr. Sterne:

In your letter dated April 17, 2009, you requested a tariff classification ruling on behalf of your client Moons Industries America, Inc.

The merchandise subject to this ruling is an electric motor and gearbox assembly. The assembly consists of an electric motor, drive electronics and a gearbox. The motor is a DC motor having an output of 7.5 watts.

This module will be incorporated into a pump, which will then be installed in a paint dispensing machine.

The applicable subheading for the electric motor and gearbox assembly will be 8501.10.4040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electric motors and generators (excluding generating sets)…: Motors of an output not exceeding 37.5 W…: Of under 18.65 W…: Other…: DC: Brushless.” The rate of duty will be 4.4%.

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 Steve Pollichino at 646-733-3008.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division