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NY A89606


December 2, 1996

CLA-2-85:RR:NC:1:113 A89606

CATEGORY: CLASSIFICATION

TARIFF NO.: 8501.10.6040; 8501.10.4040; 8501.31.2000; Article 509

Mr. Don Ramey

Corrigan Dispatch Company

Box 3610

1350 Cheers Blvd.

Brownsville, TX 78523-3610

RE: The tariff classification of DC brushless motors from Mexico

Dear Mr. Ramey:

In your letter dated November 14, 1996, on behalf of Philips Technologies, you requested a tariff classification ruling.

The merchandise is a variety of DC brushless motors, designed to be used as paper drivers for photocopy machines. They are imported complete with their electronics and have a wire and connector for attachment to an internal power supply. Some of the models have gears attached. You have suggested that the items be classified as parts of copiers.

Classification of merchandise under the HTSUS is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes.

Section XVIII, Note 2 states that parts or accessories for machines, apparatus, instruments or articles of Chapter 90 are to be classified according to the following rules:

(a) parts or accessories which are goods included in any of the headings of this Chapter or of Chapter 84, 85 or 91 are in all cases to be classified in their respective headings.

We must consider whether the items are classifiable in Chapter 85, particularly heading 8501, HTS, which provides for electric motors. The Explanatory Notes to Section XVI, 85.01(I)(A) remark that motors are of many types and sizes, according to the use or purpose for which they are designed. Further, they remain classified in heading 8501 even when equipped with gears or gear boxes. DC brushless motors commonly employ electronics to control their functioning. Since both the gears and the electronics are components of the complete motor, their presence does not affect the classification. The merchandise falls within Chapter 85; therefore, it is excluded from Chapter 90. The applicable subheading for each particular printer motor will depend on the power output of the motor in watts.

The applicable subheading for motors if under 18.65 watts will be 8501.10.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for electric motors, of under 18.65 W, other, DC, brushless. The general duty rate will be 5.7 percent ad valorem.

The applicable subheading for motors if 18.65 watts or more but not exceeding 37.5 watts will be 8501.10.6040, Harmonized Tariff Schedule of the United States (HTS), which provides for electric motors of 18.65 W or more but not exceeding 37.5 W, DC, brushless. The general duty rate will be 3.6 percent ad valorem.

The applicable subheading for motors if exceeding 37.5 watts but not exceeding 74.6 watts will be 8501.31.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for electric motors, other DC motors, of an output not exceeding 750 W motors exceeding 37.5 W but not exceeding 74.6 W. The general duty rate will be 3.6 percent ad valorem.

This ruling is being issued under the provisions of Part 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,


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