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NY 804343





November 30, 1994

CLA-2-85:S:N:N3:113 804343

CATEGORY: CLASSIFICATION

TARIFF NO.: 8501.31.4000

Ms. Donnie B. Turbeville
BMW Manufacturing Corp.
P.O. Box 11000
Spartanburg, SC 29304-4100

RE: The tariff classification of DC motors from Mexico

Dear Ms. Turbeville:

In your letter dated November 9, 1994, you requested a tariff classification ruling.

The merchandise is a window regulator, a 90 Watt, DC-motor with attached power-transmission arms, designed to raise and lower automobile windows. In Pre-approval 800092, Customs advised that the item would be classifiable as an electromechanical appliance. As you realize, Pre-approval advice is not binding. A motor remains classified as a motor even when it has a connected device which transmits its power. While the arms connected to the motor are of substantial size, they serve ultimately to transmit the motion generated by the motor to the window.

The applicable subheading for the window regulator will be 8501.31.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for electric motors and generators, other DC motors, of an output not exceeding 750 W, motors exceeding 74.6 W but not exceeding 735 W. The rate of duty will be 5 percent ad valorem. Your letter does not raise the issue of NAFTA applicability.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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