CLA-2-85:OT:RR:NC:N2:220
Sean O’Keefe
QStraint
4031 NE 12th Terrace
Oakland Park, FL 33334
RE: The tariff classification of an electric motor from China
Dear Mr. O’Keefe
In your letter dated February 10, 2025, you requested a tariff classification ruling.
The merchandise under consideration is identified as the DC Electric Motor, Model HT-POG45A, which is described as a 120 Watt electric motor that is said to be specially designed for motorized wheelchair ramp incline systems. The incline system uses two of the subject motors in tandem to haul occupied wheelchairs up access ramps. You state that the subject motor is dedicated for use with the ramp incline assist system by employing a customized D-Shaft that will only work with the system.
The applicable subheading for the DC Electric Motor, Model HT-POG45A, will be 8501.31.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Electric motors…: Other DC motors…: Of an output not exceeding 750W: Motors: Exceeding 74.6 W but not exceeding 735 W." The general rate of duty will be 4%.
Also in your submission, you request consideration of a secondary classification for the electric motor under subheading 9817.00.96, HTSUS, which applies to articles and parts of articles specially designed or adapted for the use or benefit of the permanently or chronically physically or mentally handicapped. Chapter 98, Subchapter XVII, U.S. Note 4(a), HTSUS, defines the term “blind or other physically or mentally handicapped persons” as including “any person suffering from a permanent or chronic physical or mental impairment which substantially limits one or more major life activities, such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking breathing, learning, or working.”
You state that the electric motors are uniquely designed with certain performance and physical features that dedicate their use with wheelchair ramp assist systems. Based on the information provided, the subject electric motor has a unique output shaft that is used with the system. As a result, in our view, the electric motor, being dedicated for use in wheelchair assist systems, satisfies the description set forth in Chapter 98, Subchapter XVII, U.S. Note 4(a)j and the secondary classification will apply to the DC Electric Motor, Model HT-POG45A, under 9817.00.96, HTSUS, which affords free duty treatment aside from any additional duties and/or applicable fees upon importation into the United States.
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