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NY K80011




November 3, 2003

CLA-2-85:RR:NC:N1:113 K80011

CATEGORY: CLASSIFICATION

TARIFF NO.: 8501.10.4060

Ms. Brenda Phillips Sparrow
Panalpina, Inc.
3140 Yorkmont Rd.
Suite 600
Charlotte, NC 28208

RE: The tariff classification of an HVAC actuator from China.

Dear Ms. Phillips Sparrow:

In your letter dated October 16, 2003, you requested a ruling on behalf of Buehler Motor Co. on tariff classification.

The sample you provided is a gear motor in a plastic housing. The motor will be used in automotive HVAC systems to actuate airflow control. The motor is a DC motor rate at 0.82 W. In your letter, you suggest that the article be classified as an HVAC part; however, gear motors are specifically provided for elsewhere.

The applicable subheading for this product will be 8501.10.4060, Harmonized Tariff Schedule of the United States (HTS), which provides for Electric motors and generators (excluding generating sets): Motors of an output not exceeding 37.5 W: Of under 18.65 W: OtherDC: Other. The general rate of duty will be 4.4 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).

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 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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