CLA-2-85:OT:RR:NC:N2:220
Michael Smith
Siemens Healthineers
3850 Quadrangle Blvd.
Orlando, FL 32817
RE: The tariff classification of a drive controller from China
Dear Mr. Smith:
In your letter dated May 14, 2024, you requested a tariff classification ruling.
The merchandise under consideration is identified as the PCB, HE-MLC, MOTOR DRIVER ASSY, (Drive), which is described as a printed circuit board assembly (PCBA) that is incorporated into an advanced radiotherapy machine. The Drive PCBA consists of numerous electronic components, such as capacitors, resistors, relays, diodes, and integrated circuits, and supplies electric motors with the necessary variable voltage and current to function.
In use, the Drive PCBA is installed in the multi-leaf collimator, which is responsible for the radiation dose during radiotherapy on the patient. Inside this collimator are numerous electric leaf motors, which function to retract and extend the individual leaves, and the carriage motor, which can retract and extend the entire leaf unit. The radiation field is defined by moving the slats, which means that the radiation that hits the slats is neutralized so that the patient only receives the radiation dose and exact localization on the patient's body is also ensured. The Drive PCBA is responsible for supplying power and control to 60 individual leaf motors by controlling the speed, direction, and torque of the electric motors.
The applicable subheading for the PCB, HE-MLC, MOTOR DRIVER ASSY will be 8504.40.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides “Static converters: Speed drive controllers for electric motors.” The general rate of duty will be Free.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8504.40.4000, HTSUS, unless specifically excluded, are subject to an 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 8504.40.4000, HTSUS, listed above.
The HTSUS is subject to periodic amendment, so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP websites, which are available at the following addresses:
https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions https://www.cbp.gov/trade/remedies/301-certain-products-china
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.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
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 [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division