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NY 814559




October 3, 1995

CLA-2-85:R:N4:113 814559

CATEGORY: CLASSIFICATION

TARIFF NO.: 8501.32.5540; 8501.52.8040

Mr. Anthony Fondacaro
T. H. Weiss, Inc.
2 Johnson Road
Lawrence, NY 11559

RE: The tariff classification of an elevator drive from the United Kingdom

Dear Mr. Fondacaro:

In your letter of no date, received in this office on September 11, 1995, on behalf of Renold Gears, Inc. you requested a tariff classification ruling.

The item is described as a drive unit for an elevator. The unit consists of a gear motor, rated at 50 HP (37.3 kW), and a deflector sheave. The motor may be AC, multi-phase or DC.

The Explanatory Notes (ENs) to the Harmonized Commodity Description and Coding System represent the official interpretation of the Customs Cooperation Council on the scope of each heading; although neither binding upon the contracting parties to the Harmonized System Convention nor considered to be dispositive interpretations, they may be consulted on the proper scope of the heading.

The Explanatory Notes to Section XVI, heading 8501, HTS, state that motors remain classified in that heading even when they are equipped with pulleys, or with gears or gear boxes.

The applicable subheading for the DC drive unit will be 8501.32.5540, Harmonized Tariff Schedule of the United States (HTS), which provides for other DC motors, of an output exceeding 750 W but not exceeding 75 kW, motors, other, other. The rate of duty will be free.

The applicable subheading for the multi-phase AC drive unit will be 8501.52.8040, Harmonized Tariff Schedule of the United States (HTS), which provides for other AC motors, multi-phase, of an output exceeding 750 W but not exceeding 75 kW, other, other. The rate of duty will be free.
This ruling is being issued under the provisions of Section 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 James Smyth at 212-466-2084.

Sincerely,

Roger J. Silvestri
Director

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