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July 20, 1999

CLA-2-85:RR:NC:N1:113 E83371

CATEGORY: CLASSIFICATION

TARIFF NO.: 8501. 31.4000; 8501.31.5000; 8501.31.6000; 8501.32.2000; 7228.50.50; 7215.50.00

Mr. Barney Berlinger, Jr.
ASI Technologies, Inc.
405 Caredean Drive
Horsham, PA 19044-1388

RE: The tariff classification of gear drive systems from South Africa, Hong Kong, Taiwan and Korea

Dear Mr. Berlinger:

In your letter dated June 9, 1999, you requested a tariff classification ruling.

The merchandise is a small DC electric gear motor used to power an electric wheel chair. The complete item includes the motor, gearing and a transaxle. The motors for the gear systems range in power from 300 Watts to 1000 Watts.

You also intend to import certain parts for this item, including aluminum die castings, a steel bar, the electromechanical manual release brakes and the separate electric motor.

The applicable subheading for both the separate electric motors and the gear drive systems not exceeding 735 Watts in output will be 8501.31.4000, 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 74.6 W but not exceeding 735 W. The rate of duty will be 4 percent ad valorem.

The applicable subheading for the separate electric motors and the gear drive systems exceeding 735 Watts but under 746 Watts in output will be 8501.31.5000, 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 735 W but under 746 W. The rate of duty will be 3.3 percent ad valorem.

The applicable subheading for the separate electric motors and the gear drive systems of 746 Watts to 750 Watts in output will be 8501.31.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for electric motors, other DC motors, of an output not exceeding 750 W, motors, other. The rate of duty will be 2.4 percent ad valorem.

The applicable subheading for the separate electric motors and the gear drive systems of an output exceeding 750 Watts in output will be 8501.32.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for electric motors, other DC motors, of an output exceeding 750 W but not exceeding 75 kW, motors, exceeding 750 W but not exceeding 14.92 kW. The rate of duty will be 2.9 percent ad valorem.

The steel bars are nonalloy steel (Grade 1566) or alloy steel (Grade 4150). They are all machined.

The applicable subheading for the Grade 1566 machined bars will be 7215.50.00, Harmonized Tariff Schedule of the United States (HTS), which provides for other bars or rods of iron or nonalloy steel, other, not further worked than cold-formed or cold-finished. The rate of duty will be 3.8 percent ad valorem.

The applicable subheading for the Grade 4150 machined bars will be 7228.50.50, Harmonized Tariff Schedule of the United States (HTS), which provides for other bars and rods of other alloy steel, other bars and rods, not further worked than cold-formed or cold-finished, other. The rate of duty will be 3.8 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the brakes nor the aluminum casting. Your request for a classification ruling should include a complete description of each of these items. The specific use of the casting in this system should be described. We will also need particular information on the brake, including a sample if available. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 212-637-7008.

Sincerely,

Robert B. Swierupski
Director

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