CLA-2-85:OT:RR:NC:N2:220
Terrance Lawrence
Braun Corporation/BraunAbility
631 West 11th Street
Winamac, IN 46996
RE: The tariff classification of electric actuators from China
Dear Mr. Lawrence:
In your letter dated February 19, 2025, you requested a tariff classification ruling.
The three items under consideration are identified as Linear Actuators, PN 404418, 404419, and 404224A. Each of the actuators are said to consist of a brushed 50 W DC motor, a plastic shaft covering two metal ends and a wiring harness. You state the actuators are designed to be used in vehicle lift applications for handicapped or disabled access to personal vehicles.
The applicable subheading for the Linear Actuators, PN 404418, 404419, and 404224A, will be 8501.31.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electric motors…: Other DC motors; DC generators: Of an output not exceeding 750 W: Motors: Exceeding 37.5 W but not exceeding 74.6 W”. The general rate of duty will be 2.8 percent ad valorem.
In your letter, you request consideration of a secondary classification for the actuators to be designated for the use or benefit of the permanently or chronically physically or mentally handicapped persons. 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 actuators are of a unique shape and construction specific to under vehicle lift products, which you describe as wheelchair stop safety mechanisms. We disagree. Based on the information provided, none of the actuators are constructed in such a way that indicates they are dedicated for use with any particular machine. As a result, the provisions under subheading 9817.00.96, HTSUS, are not applicable.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8501.31.2000, 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 8501.31.2000, 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 United States Trade Representative 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
Effective March 4, 2025, pursuant to U.S. Note 2(u) to Subchapter III, Chapter 99, all products of China and Hong Kong as provided by heading 9903.01.24, HTSUS, other than products classifiable under headings 9903.01.21, 9903.01.22, and 9903.01.23, HTSUS, will be subject to an additional 20 percent ad valorem rate of duty. At the time of entry, you must report the applicable Chapter 99 heading, i.e. 9903.01.24, in addition to subheading 8501.31.2000, HTSUS, listed above.
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