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NY 869643





CLA-2-85:SE:C:D B17 869643

CATEGORY: CLASSIFICATION

TARIFF NUMBER: 8501.53.4080; 8501.53.6000; 8501.53.8040; 8501.53.8060

Mr. David Yendrzeski
ABB Industrial Systems Inc.
16250 W Glendale Drive
New Berlin, WI 53151

RE: The tariff classification of AC motors from Canada

Dear Mr. Yendrzeski:

In your letter dated December 5, 1991, you requested a classification ruling.

The merchandise is 3-phase AC motors, either synchronous or induc tion, 50 to 60 Hertz used to power fans, pumps, and compressors. You state that these motors are rated at 75 kW and higher.

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 duty rate will be free.

The applicable subheading for motors of 149.2 kW or more, but not exceeding 150 kW will be 8501.53.60000, 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 0.8% ad valorem in accordance with the U.S.-Canada Free Trade Agreement, upon compliance with all applicable regulations.

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 0.8% ad valorem in accordance with the U.S.-Canada Free Trade Agreement, upon compliance with all applicable regulations.

The appplicable 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 0.8% ad valorem in accordance with the U.S.-Canada Free Trade Agreement, upon compliance with all applicable regulations.

Articles classifiable under subheading 8501.53.6000, 8501.53.8040, and 8501.538060 HTS, which are products of Canada are not entitled to duty free treatment under the Generalized System of Preferences (GSP).

We suggest that you contact the nearest Canadian Embassy to learn if Canada charges a duty to import motors of these sizes into their country.

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,

Daniel C. Holland
District Director

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