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NY N011318




May 23, 2007

CLA-2-85:RR:E:NC:N1:112

CATEGORY: CLASSIFICATION

TARIFF NO.: 8501.32.2000

Joseph A. Burger
Director Import Services
SEKO Customs Brokerage, Inc.
1100 Arlington Heights Rd - Ste 600
Itasca, IL 60143

RE: The tariff classification of D.C. Motors from China.

Dear Mr. Burger:

In your letter dated May 16, 2007, you requested a tariff classification ruling on behalf of your client, Advanced Motors & Drives.

The items concerned are two models of D.C. Motors (Models A02-4012 and DE2-4007).

Model A02-4012 is a brushed, 1.87 kW, 36 Volt, D.C. motor.

Model DE2-4007 is a brushed, 1.68 kW, 36 Volt, D.C. motor.

Both models are commonly termed “Wound-Field DC motors”. They are used as the primary source of mechanical power for electrical vehicles such as, golf carts, airport shuttles, utility vehicles and neighborhood vehicles.

You proposed classification under subheading 8501.32.4500 of the Harmonized Tariff Schedule of the United States (HTSUS) which provides for “Electric motors: Other DC motors: Of an output exceeding 750 W but not exceeding 75 kW: Motors: Other: Electric motors of a kind used as the primary source of mechanical power for electrically powered vehicles of subheading 8703.90”. Subheadings 8501.32.4500 through 8501.32.5540 of the Harmonized Tariff Schedule of the United States (HTSUS) provides for DC motors of an output exceeding 14.92 kW but not exceeding 75kW. As such, the DC motors in question would not fall under subheading 8501.32.4500 of the Harmonized Tariff Schedule of the United States (HTSUS) due to their power output rating (1.87 kW and 1.68 kW) which falls between 750 W and 14.92 kW.

The applicable subheading for the D.C. Motors (Models A02-4012 and DE2-4007) will be 8501.32.20000, Harmonized Tariff Schedule of the United States (HTSUS), 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%.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Steve Pollichino at 646-733-3008.

Sincerely,

Robert B. Swierupski
Director,

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