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NY C81899




December 11, 1997

CLA-2:RR:NC:N1:B13 C81899

CATEGORY: CLASSIFICATION

TARIFF NO.: 8501.10.4020

George D. Lorenze Jr.
Senior Account Executive
Fritz Companies, Inc
1000 Port Carteret Drive
Carteret, NJ 07008

RE: The tariff classification of electric motors from Japan

Dear Mr Lorenze:

In your letter dated November 19, 1997 you requested a tariff classification ruling on behalf of Trinity Products, Inc.

The merchandise is the RC2098 motor, which is used to power toy vehicles. A sample of this motor and literature describing its use were submitted with the ruling request. You have asked that consideration be given to classification of this motor as "toy parts".

The relevant Chapters of the Harmonized Tariff Schedules of the Untied States (HTSUSA) are 85, which contains the tariff classification for electric motors, and 95, which contains the tariff classification for toy parts. These chapters are within Sections XVI and XX, HTSUSA. The applicable notes are Section XVI, Note 2(a) HTSUSA, and Chapter 95, Note 1(m), HTSUSA. Chapter 85 Note 2(a) states in part that parts which are goods included in any of the headings of Chapter 85...are in all cases to be classified in their respective headings. Chapter 95, Note 1(m) states that chapter 95 does not include electric motors of heading 8501. Furthermore, the Explanatory Notes to Heading 8501, p. 1334, provide in part that "...the heading covers electric motors of all types from low power motors for use in instruments, clocks, time switches, sewing machines, toys, etc., up to large powerful motors for rolling mills, etc."

Since the RC2098 electric motor is described by heading 8501, the applicable tariff item will be 8501.10.4020, HTSUSA, which provides for other electric motors, of an output not exceeding 37.5 watts: Of under 18.65 watts: Other than synchronous, D.C., Other than brushless. The rate of duty will be 5.3 per cent ad valorem.

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.

If you have any questions regarding the above, contact National Import Specialist James Smyth at 212-466-2084, or Buffalo Field National Import Specialist James McCarthy at 716-551-5200 Ext 137.

Sincerely,

Joseph J. Wilson
Port Director

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