CLA-2-84:OT:RR:NC:N1:102

Mr. Paul S. Anderson
Sonnenberg & Anderson
125 S. Wacker Drive
Suite 1825
Chicago, IL 60606

RE: The tariff classification of an evaporator fan motor/defrost harness assembly from China

Dear Mr. Anderson:

In your letter dated November 24, 2010 you requested a tariff classification ruling on behalf of your client, International Buying Group, Ltd. Descriptive literature and technical drawings were included with your submission.

The product under consideration is described as an “evaporator fan motor/defrost harness assembly,” part number W10180142. You indicate that this assembly is specially designed for use in Whirpool refrigerators. It is comprised of DC brushless motors, thermistors, thermostats, wires, terminals and connectors. The components work in conjunction with the evaporator as well as contribute and provide cooling for the refrigerator. The function of the evaporator fan motor is to move air across the evaporator in the refrigerator unit. The motor is controlled by the main electronic control board found in the refrigerator itself. The thermistor included in this assembly is located in the freezer compartment of the refrigerator. It senses the temperature in the freezer and relays this data to the main control board which in turn signals the compressor as to when it should run or not run.

The defrost thermostat contains electrical contacts that are normally closed which allow the compressor to run. When the refrigerator enters the defrost cycle, the compressor shuts off and the defrost heater in the freezer turns on. Once the temperature in the freezer reaches a certain level, the contacts in the thermostat open, the power to the heater is turned off and the compressor and fan motor are activated to begin the cooling process. You state that neither the freezer thermistor nor the defrost thermostat are wired directly to the fan motor. These components along with the fan motor are connected to a terminal block which sends signals to the refrigerator’s CPU.

Based on the information provided, we find that the subject assembly is a part of a refrigerator of heading 8418, Harmonized Tariff Schedule of the United States (HTSUS).

The applicable subheading for the evaporator fan motor/defrost harness assembly will be 8418.99.8060, HTSUS, which provides for other parts of refrigerating or freezing equipment. The rate of duty is 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 Kenneth T. Brock at (646) 733-3009.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division