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HQ 086832


May 21, 1990

CLA-2 CO:R:C:G 086832 JMH

CATEGORY: CLASSIFICATION

TARIFF NO.: 8501.10.40, 8501.10.60

James S. O'Kelly, Esq.
Barnes, Richardson & Colburn
475 Park Avenue South
New York City, New York 10016

RE: Spindle motors

Dear Mr. O'Kelly:

Your letter of February 16, 1990, requesting a classification ruling under the Harmonized Tariff Schedule of the United States Annotated ("HTSUSA") for certain spindle motors, on behalf of Nidec Corporation, was referred to this office for a reply.

FACTS:

The articles in question are spindle motors manufactured in Japan. The spindle motors' exact specifications will vary according to the needs of the customer.

The spindle motors are precisely designed for use with automatic data processing machines ("ADPs"). The spindle portion of the spindle motor is the platform for mounting the memory discs which store the data in hard disk drives. These articles are composed of a spindle, a mounting platform for the disk drive, a brushless D.C. motor, and other components which aid the spindle's function.

You contend that the spindle motors are parts used principally or solely with ADPs and should be classified as such within heading 8473, HTSUSA.

ISSUE:

Whether the spindle motors are classified as parts of automatic data processing machines within heading 8473, HTSUSA, or as electric motors within heading 8501, HTSUSA.

LAW AND ANALYSIS:

The classification of merchandise under the HTSUSA is governed by the General Rules of Interpretation (GRI's). GRI 1, HTSUSA, states in part that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes..." The competing headings in this instance are headings 8473 and 8501, HTSUSA. These headings describe the following:

8473 Parts and accessories (other than covers, carrying cases and the like) suitable for use solely or principally with machines of headings 8469 to 8472...

8473.30.40 Parts and accessories of the machines of heading 8471...Not incorporating a cathode ray tube...

8501 Electric motors and generators (excluding generating sets)

8501.10.40 Motors of an output not exceeding 37.5 W: Of under 18.65 W...Other

8501.10.60 Motors of an output not exceeding 37.5 : Of 18.65 W or more but not exceeding
37.5 W...

It is not disputed that the spindle motors are parts of ADPs. An analysis of parts invokes Section XVI, Note 2, HTSUSA, since headings 8473 and 8501 are within Section XVI, HTSUSA. This Note states the following:

...parts of machines...are to be classified according to the following rules:

(a) Parts which are goods included in any of the headings of chapters 84 and 85 (other than headings 8485 and 8548) are in all cases to be classified in their respective headings;

(b) Other parts, if suitable for use solely or principally with a particular kind of machine, or with a number of machines of the same heading (including a machine of heading 8479 or 8543) are to be classified with the machines of that kind.

However, parts which are equally suitable for use principally with the goods of headings 8517 and 8525 to 8528 are to be classified in heading 8517;

(c) All other parts are to be classified in heading 8485 or 8548.

According to Section XVI, Note 2(a), if the spindle motor is described by a heading within chapters 84 or 85, it must be classified in that heading. Heading 8501, HTSUSA, specifically describes electrical motors. To determine what is meant by "electrical motors" of this heading, the Explanatory Notes to the HTSUSA must be examined. The Explanatory Notes, although not dispositive, are to be looked to for the proper interpretation of the HTSUSA. 54 Fed. Reg. 35127, 35128 (August 23, 1989).

Explanatory Note 85.01(I)(A) states that "Motors remain classified here even when they are equipped with pulleys, with gears or gear boxes, or with a flexible shaft for operating hand tools." Explanatory Note 85.01(I)(A), Harmonized Commodity Description and Coding Service ("HCDCS"), Vol. 4, p.1334. This Note further comments that motors "in the form of a unit comprising an electric motor, shaft, propeller and a rudder" are covered by heading 8501.

It is clear that a motor remains a motor for tariff purposes despite having other articles attached to it. These other articles can be quite substantial. A motor equipped with a shaft which will turn and operate hand tools is similar to a motor with a spindle that turns a disc. Therefore, a spindle motor is a motor within the meaning of heading 8501.

This office does not dispute that the spindle motor is used principally or solely with an ADP. However, Section XVI, Note 2(b), HTSUSA, is never reached if a heading exists within chapter 84 or 85 that specifically includes the subject. In this case, electrical motors have an eo nomine provision.

The appropriate classification for the spindle motors is within heading 8501. Subheading 8501.10.40, HTSUSA, is the appropriate classification for "Motors of an output not exceeding 37.5 W: Of under 18.65 W...Other..." Subheading 8501.10.60 is the correct classification for "Motors of an output not exceeding 37.5: Of 18.65 W or more but not exceeding 37.5 W..."

HOLDING:

The spindle motors, although parts of ADPs, are specifically provided for within heading 8501, HTSUSA. Parts covered by a heading of chapters 84 or 85 are to be classified in their
respective heading in accordance with Section XVI, Note 2(a), HTSUSA.

Subheading 8501.10.40, HTSUSA, is the appropriate classification for "Motors of an output not exceeding 37.5 W: Of under 18.65 W...Other..." Subheading 8501.10.60 is the correct classification for "Motors of an output not exceeding 37.5: Of 18.65 W or more but not exceeding 37.5 W..."

Sincerely,

John Durant, Director
Commercial Rulings Division

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