HQ 0955037 - Protest No. 2704-93-101702; Motorized Linear Actuators; Television Satellite Antennas; Electric Motors; Explanatory Notes 85.01(I)(A), 84.25(III), and 84.28; HQs 950834, 952500, and 087433; Functional Unit; Section XVI, Note 4; Parts; Section XVI, Note 2; 8425.49.00; 8428.90.00; 8529.10.20 - United States International Trade Commision Rulings

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HQ 955037
February 15, 1994

CLA-2 CO:R:C:M 955037 DWS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8501.10.60; 8501.31.20

District Director
U.S. Customs Service
300 S. Ferry Street, Rm. 1001
Terminal Island, CA 90731

RE: Protest No. 2704-93-101702; Motorized Linear Actuators; Television Satellite Antennas; Electric Motors; Explanatory Notes 85.01(I)(A), 84.25(III), and 84.28; HQs 950834, 952500, and 087433; Functional Unit; Section XVI, Note 4; Parts; Section XVI, Note 2; 8425.49.00; 8428.90.00; 8529.10.20

Dear District Director:

The following is our decision regarding the request for further review of Protest No. 2704-93-101702 concerning your action in classifying and assessing duty on motorized linear actuators under the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The merchandise consists of two models of motorized linear actuators for use in television satellite antennas. The "Blackjack Plus" is a small 18" stroke length actuator motor with a motor wattage greater than 37.5 watts (W) but not exceeding 74.6 W. This wattage was determined after a sample of the "Blackjack Plus" was submitted to the Headquarters Laboratory for examination at the request of counsel for the protestant. The "HTS Regular Jack" is a large actuator model available in various arm lengths (18", 24", and 36") and with either ball or acme jack mechanisms. The motor wattage for all varieties of this model of actuator, which was provided by the protestant, is 29 W.

All of the actuators are comprised of a screw driven jack mechanism, a gear box, a DC electric motor, and a sensor device to control movement of the jack mechanism. The gear box connects the jack mechanism the DC motor. The actuators are designed to be mounted at the base of satellite dish-type antennas which receive television signals from orbiting satellites and transmit the signals to other television apparatus. The actuators serve to move the antenna dish into proper alignment with the incoming television signal from the satellite.

The merchandise was entered under subheading 8425.49.00, HTSUS, as other jacks. The entries were liquidated on February 19, March 12, March 19, April 23, April 30, and May 7, 1993, under heading 8501, HTSUS, as electric motors, the subheading classification of the actuators depending on the wattage of the respective motors. The protest was timely filed on May 20, 1993.

The subheadings under consideration are as follows:

8425.49.00: [j]acks . . . : [o]ther.

The general, column one rate of duty for goods classifiable under this provision is 2 percent ad valorem.

8428.90.00: [o]ther lifting, handling, loading or unloading machinery (for example, elevators, escalators, conveyors, teleferics): [o]ther machinery.

The general, column one rate of duty for goods classifiable under this provision is 2 percent ad valorem.

8529.10.20: [p]arts suitable for use solely or principally with the apparatus of headings 8525 to 8528: [a]ntennas and antenna reflectors of all kinds; parts suitable for use therewith: [t]elevision.

The general, column one rate of duty for goods classifiable under this provision is 3.7 percent ad valorem.

8501.31.20: [e]lectric motors . . . : [o]ther DC motors . . . : [o]f an output not exceeding 750 W: [m]otors: [e]xceeding 37.5 W but not exceeding 74.6 W.

The general, column one rate of duty for goods classifiable under this provision is 4.2 percent ad valorem.

8501.10.60: [m]otors of an output not exceeding 37.5 W: [o]f 18.65 W or more but not exceeding 37.5 W.

The general, column one rate of duty for goods classifiable under this provision is 4.2 percent ad valorem

ISSUE:

Whether the motorized linear actuators are classifiable under subheading 8425.49.00, HTSUS, as other jacks; under subheading 8428.90.00, HTSUS, as other lifting or handling machinery; under subheading 8529.10.20, HTSUS, as parts of antennas; under subheading 8501.31.20, HTSUS, as other DC motors of an output exceeding 37.5 W but not exceeding 74.6 W; or under subheading 8501.10.60, HTSUS, as motors of an output of 18.65 W or more but not exceeding 37.5 W.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification is determined according to the terms of the headings and any relative section or chapter notes.

The question of whether an article, which consists of multiple components including a motor, is classifiable as a motor under heading 8501, HTSUS, is well settled. In understanding the language of the HTSUS, the Harmonized Commodity Description and Coding System Explanatory Notes may be utilized. The Explanatory Notes, although not dispositive, are to be used to determine the proper interpretation of the HTSUS. 54 Fed. Reg. 35127, 35128 (August 23, 1989). In part, Explanatory Note 85.01(I)(A) (p. 1334) states that:

[m]otors remain classified here even when they are equipped with pulleys, with gears or gear boxes, or with a flexible shaft for operating hand tools. The heading includes "outboard motors" for the propulsion of boats, in the form of a unit comprising an electric motor, shaft, propeller and a rudder.

In HQ 950834, dated March 6, 1992, it was stated that:

[t]he Explanatory Notes and the rulings interpreting heading 8501, HTSUS, make it clear that electric motors equipped with additional components, remain classifiable in this heading, even if those other components are "quite substantial". However, it is equally clear that heading 8501, HTSUS, does not encompass every assembly which includes an electric motor. When confronted with an assembly incorporating a motor which includes additional components other than those listed in Explanatory Note 85.01, HTSUS, the rulings described above provide the following guidelines--an electric motor is classifiable under heading 8501, HTSUS, even when imported with additional components (other than those listed in Explanatory Note 85.01) if:

(1) those additional components complement the function of the motor [HQ 083955];

(2) those additional components are devices which motors are commonly equipped [HQ 087909];

(3) those additional components serve merely to transmit the power the motors produce [HQ 950557].

See HQ 952500, dated October 16, 1992.

The subject actuators consist of motors with additional components; gear boxes, jack mechanisms, and sensors to control the jack mechanisms. It is our position that the actuators remain classifiable under heading 8501, even with the presence of these additional components. The gear boxes, jack mechanisms, and control sensors serve merely to transmit the power which the motors produce. The power which the motor produces is transmitted through the additional components to the satellite antenna enabling the dish to turn to a certain position, thereby intercepting signals from a satellite.

Consequently, the "Blackjack Plus" actuator is classifiable under subheading 8501.31.20, HTSUS, and the varieties of the "HTS Regular Jack" actuator are classifiable under subheading 8501.10.60, HTSUS.

Counsel argues that the actuators are functional units, the function of which is imparted by the jack mechanisms, and therefore the merchandise is classifiable under subheading 8425.49.00, HTSUS.

Section XVI, note 4, HTSUS, states that:

[w]here a machine (including a combination of machines) consists of individual components (whether separate or interconnected by piping, by transmission devices, by electric cables or by other devices) intended to contribute together to a clearly defined function covered by one of the headings in chapter 84 or 85, then the whole falls to be classified in the heading appropriate to that function.

We find that the subject actuators are not functional units, as defined by section XVI, note 4, HTSUS. The actuators are in themselves complete articles, and do not consist of separate or interconnected individual components. Therefore, the note does not apply in this instance.

The actuators are not classifiable under subheading 8425.49.00, HTSUS, because they are not jacks. In fact, the jacking mechanisms themselves are not classifiable as jacks. In part, Explanatory Note 84.25(III) (p. 1192) states that:

[j]acks are designed to raise heavy loads through short distances. . .

Special types of jacks include:

(1) Portable jacks for cars, etc.

(2) Trolley mounted garage jacks, crate-lifting jacks, etc.

(3) Garage type built-in jacking systems, usually hydraulic.

(4) Jacks used in tipping mechanisms for lorries.

(5) Jacks for firmly anchoring cranes, heavy lorries, mobile workshops, guns, etc., when parked.

(6) Jacks for lifting railway track.

(7) Jacks for lifting railway rolling-stock.

(8) Horizontal action jacks for moving girders, sections of building structures.

The jacking mechanisms are not designed to raise heavy loads through short distances. It is true that they help position a satellite dish to a certain position, however, these moves are very sensitive in that the dish has to be in a perfect position to receive signals from a satellite. The actuators are not remotely similar to any of the examples given in Explanatory Note 84.25(III), and therefore, for classification purposes, we find that the jacking mechanisms do not meet the definition of a "jack".

Even if the jacking mechanisms were classifiable as jacks, the actuators themselves would not be. The actuators contain other components which do not meet the definition of a jack, and the actuators cannot be described as jacks. One may argue that the actuators contain components other than motors, and therefore the actuators cannot be described as motors. However, Explanatory Note 85.24 does not contain the same inclusionary language as does Explanatory Note 85.01, and similar case precedence does not exist for the classification of jacks with additional components.

In the alternative, counsel argues that the actuators are classifiable under subheading 8428.90.00, HTSUS, as other lifting or handling machinery. Counsel cites HQ 087433, dated November 13, 1990, which held that a motorized linear actuator for use in a continuous steel casting machine was classifiable under subheading 8428.90.00, HTSUS. However, the actuator in that ruling is not similar to the subject actuators. The actuator in HQ 087433 was used to lift a tundish allowing molten steel to run from the tundish down into mold. The actuator in that ruling was designed to lift very heavy objects. The subject actuators are not designed to lift, but are designed to sensitively move a satellite dish a few degrees to lock onto a satellite signal. Consequently, it is our position that HQ 087433 is inapplicable.

Also, in examining the exemplars given in Explanatory Note 84.28 (pp. 1197 - 1200), we find that the actuators are not in the same class or kind of articles as those which are classifiable under heading 8428, HTSUS.

Again in the alternative, counsel argues that the actuators are classifiable under subheading 8529.10.20, HTSUS, as parts of antennas. We agree that the actuators are parts of antennas, but we disagree with their proposed classification under subheading 8529.10.20, HTSUS. Section XVI, note 2, HTSUS, states that:

[s]ubject to note 1 to this section, note 1 to chapter 84 and to note 1 to chapter 85, parts of machines (not being parts of the articles of heading 8484, 8544, 8545, 8546 or 8547) 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.

Under section XVI, note 2(a), HTSUS, because the actuators are parts which are goods classifiable under heading 8501, HTSUS, they are to be classifiable under that heading. Therefore, the actuators are precluded from classification as parts under subheading 8529.10.20, HTSUS.

HOLDING:

The "Blackjack Plus" actuator is classifiable under subheading 8501.31.20, HTSUS, as other DC motors of an output exceeding 37.5 W but not exceeding 74.6 W.

The varieties of the "HTS Regular Jack" actuator are classifiable under subheading 8501.10.60, HTSUS, as motors of an output of 18.65 W or more but not exceeding 37.5 W.

The protest is denied in full. In accordance with Section 3A(11)(b) of Customs Directive 099 3550-065, dated August 4, 1993, Subject: Revised Protest Directive, this decision, together with the Customs Form 19, should be mailed by your office to the protestant no later than 60 days from the date of this letter. Any reliquidation of the entry in accordance with the decision must be accomplished prior to mailing of the decision. Sixty days from the date of the decision the Office of Regulations and Rulings will take steps to make the decision available to Customs personnel via the Customs Rulings Module in ACS and the public via the Diskette Subscription Service, Lexis, Freedom of Information Act, and other public access channels.

Sincerely,

John Durant, Director

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