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NY 867592



October 9, 1991

CLA-2-85:S:N:N1:113 867592

CATEGORY: CLASSIFICATION

TARIFF NO.: 8501.52.8040; 8501.53.4080; 8501.60.0000; 8501.53.8040;
8501.53.8060

Mr. David Yendrzeski
ABB Industrial Systems Inc.
Systems Drives Division
162 W. Glendale Drive
New Berlin, WI 53151

RE: The tariff classification of AC motors from Brazil

Dear Mr. Yendrzeski:

In your letter dated September 16, 1991, you requested a tariff classification ruling.

The merchandise is 3-phase AC motors, either synchronous or induction, 50 to 60 Hertz, used to power fans, pumps, and compressors. You state that these motors are rated at 100 hp and higher. Additional U.S. Note 1 to Section XVI, Chapter 85 of the HTS states that for purposes of heading 8501, 746 watts is taken to be equivalent to 1 horsepower. Therefore, your merchandise is rated 74.6 kW and above.

The applicable subheading for motors of 74.6 kW, but not exceeding 75 kW will be 8501.52.8040, Harmonized Tariff Schedule of the United States (HTS), which provides for AC motors, multi- phase, of an output exceeding 750 W but not exceeding 75 kW, other. The rate of duty will be free.

The applicable subheading for motors exceeding 75 kW but under 149.2 kW will be 8501.53.4080, Harmonized Tariff Schedule of the United States (HTS), which provides for AC motors, multi- phase, of an output exceeding 75 kW but under 149.2 kW, other. The rate of duty will be free.

The applicable subheading for motors of 149.2 kW or more, but not exceeding 150 kW will be 8501.53.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for AC motors, multi-phase, of an output of 149.2 kW or more, but not exceeding 150 kW. The rate of duty will be 4.2% ad valorem.

The applicable subheading for motors exceeding 150 kW but not exceeding 373 kW will be 8501.53.8040, Harmonized Tariff Schedule of the United States (HTS), which provides for AC motors, multi-phase, of an output exceeding 150 kW, but not exceeding 373 kW, other. The rate of duty will be 4.2% ad valorem.

The applicable subheading for the motors exceeding 373 kW will be 8501.53.8060, Harmonized Tariff Schedule of the United States (HTS), which provides for AC motors, multi-phase, other, other. The rate of duty will be 4.2% ad valorem.

Articles classifiable under subheadings 8501.53.6000 and 8501.53.8040, HTS, which are products of Brazil are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

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

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