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HQ 951543


April 22, 1992

CLA-2 CO:R:C:M 951543 CMS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8501.31.50

District Director of Customs
55 Erieview Plaza
Cleveland, OH 44114

RE: Protest No. 4195-90-000175; Windshield Wiper Electric Motors; Gears; Linkage; Transmission Shafts; Control Module; Subheading 8512.40.40

Dear District Director:

This protest was filed against your liquidations dated October 26, 1990, through December 7, 1990, in which certain windshield wiper motors were classified in subheading 8501.31.50, Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The merchandise consists of DC rotary electric motor assemblies which drive the rear windshield wipers of Bronco vehicles. The merchandise does not include wiper arms or blades. The schematic diagram of the product indicates that the assemblies include a reduction gearbox and a shaft or pin for transmitting power to the wiper arm. Some models include an electronic controller mechanism.

ISSUE:

Is the merchandise classified as electric motors in Heading 8501, or as windshield wipers in Heading 8512?

LAW AND ANALYSIS:

In HQ 088650 (November 27, 1991), we held that similr windshield wiper motors were classified as electric motors in Heading 8501, and not as windshield wipers in Heading 8512. We -2-
noted that the Harmonized Commodity Description and Coding System Explanatory Notes to Heading 8501, p. 1334, provide:

With the exception of starter motors for internal combustion engines (heading 85.11), the heading covers electric motors of all types from low power motors for use in instruments, clocks, time switches, sewing machines, toys, etc., up to large powerful motors for rolling mills, etc." [emphasis in original]

Motors remain classified here even when they are equipped with pulleys, with gears or gearboxes, or with a flexible shaft for operating hand tools. [emphasis added]

The Explanatory Notes also provide that Heading 8501 motors may incorporate fans or other devices for keeping the motors cool during running.

The merchandise under consideration is described by Heading 8501. The merchandise consists of electric motors equipped with gearboxes and other components for transmitting power to the apparatus which the motor drives.

The electronic controller mechanism of the merchandise under consideration is akin to the electronics module attached to the windshield wiper motor at issue in HQ 088650.

The wattage output of the motors is not stated. Once the District determines the actual wattage output of the motors, the merchandise should be classified in the appropriate subheading within subheadings 8501.10.20 through 8501.10.60, or 8501.31.20 through 8501.31.60, HTSUS.

HOLDING:

Once the District determines the actual wattage output of the motors, the merchandise should be classified in the appropriate subheading within subheadings 8501.10.20 through 8501.10.60, or 8501.31.20 through 8501.31.60, HTSUS. The protest should be denied, except to the extent reclassification according to the wattage output would result in a partial duty allowance. A copy of this decision should be attached to the Customs Form 19 and mailed to the protestant as part of the notice of action on the protest.

Sincerely,

John Durant, Director

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