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NY 800909



August 11, 1994

CLA-2-85:S:N:N3:113 800909

CATEGORY : Classification

TARIFF NO.: 8501.10.4060

Ms. Angelica Ayala Muller
Honeywell, Inc.
Home and Building Control
2055 Dublin Drive
San Diego, CA 92173

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of actuators from Mexico

Dear Ms. Muller:

In your letter dated July 26, 1994, you requested a ruling on the status of actuators from Mexico under the NAFTA.

The merchandise is the ML6185 spring-return, direct-coupled, rotary actuator. This device is a floating control motor which can be used with controls that provide switched or floating single-pole, double-throw, control output to operate dampers in heating, ventilation and air conditioning applications. The information you provided shows that various parts of this item are made in the United States, Canada and, most importantly, Japan. In fact, the synchronous AC motor and the DC motor are of Japanese origin. The output of the AC motor as imported into Mexico from Japan is 2.5 watts. The DC motor is rated at 1.8 watts. The output of the actuator when exported from Mexico is 0.015 watts.

The applicable subheading for the actuator will be 8501.10.4060, which provides for electric motors ... of an output not exceeding 37.5 watts, of under 18.65 watts, other, DC. The rate of duty will be 6.6 percent ad valorem.

Furthermore, since the motors imported into Mexico and the actuators exported to the United States are both classifiable in heading 8501, the non-originating materials do not undergo a tariff shift. The merchandise does not qualify for preferential treatment under the NAFTA because one or more of the non-originating materials used in the production of the goods will not undergo the change in tariff classification required by General Note 12(t)/85CR(1), HTSUSA. This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

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.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Office of Regulations and Rulings, U.S. Customs Service, 1301 Constitution Ave. N.W., Franklin Court, Washington, D.C. 20229.

Sincerely,

Jean F. Maguire
Area Director

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