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NY N018051




October 17, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8481.80.9020, 8501.31.4000

Marilee Rice, Customs Broker
Kuehne and Nagel
12000 E. 47th Ave
Suite 403
Denver, CO 80239

RE: The tariff classification of the ProAct Actuator product line from China

Dear Ms. Rice:

In your letter dated October 3, 2007, on behalf of Woodward Governor Company, you requested a tariff classification ruling.

The first item concerned is the “ProAct ITB”. This item is an integrated actuator and throttle body. It is described as a butterfly valve which is electrically actuated by ProAct Analog and ProAct Digital Plus actuators. The ProAct ITB integrated actuator and throttle body is designed to throttle air or air/fuel for gaseous engines. The actuator within this unit is a brushless, direct current, single phase motor.

The second item concerned is the “ProAct Analog and Digital Plus Electric Actuator with Integral Driver”. Both models are electric actuators that are intended to be mounted “on-engine” to control varying functions including: fuel rack positioning, timing control, throttle valve, and wastegate positioning. Both models incorporate an integral driver. The driver in the analog model will accept a position command signal from other devices in the system such as a speed control. The driver in the digital model is capable of controlling the actuator, communicating with the outside control system, and contains on-board software and intelligence to realize monitoring and customizing functions. These actuators are brushless, direct current, single phase motors. There are four available sizes for this actuator. The maximum wattage output varies for each size. The following is the maximum output each size is capable of producing:

Size 1: 75 Watts
Size 2: 145 Watts
Size 3: 350 Watts
Size 4: 600 Watts

The third item concerned is the “ProAct ISC Integrated Speed Control”. This item is an electric actuator with integral speed control or position driver. It is capable of diesel or gaseous engine speed control or positioning tasks. The ProAct ISC can be mounted “on-engine” to control a diesel fuel rack or gaseous throttle via linkage or integrated throttle body. This actuator is a brushless, direct current, single phase motor. There are four available sizes for this actuator. The maximum wattage output varies for each size. The following is the maximum output each size is capable of producing:

Size 1: 75 Watts
Size 2: 145 Watts
Size 3: 350 Watts
Size 4: 600 Watts

The forth item(s) concerned are the “ProAct III and IV Actuators”. Both models are all-electric actuators for fuel control of larger diesel, gas, and gasoline engines. ProAct III and the ProAct IV actuators must be linked with an electronic driver, separate from the actuator, located between the electronic control and the actuator. At time of importation, the ProAct driver will be packaged with the Proact III and/or ProAct IV actuators. This sytem is suited for engines without a mechanical drive or hydraulic-oil supply. The driver unit has adjustments which match the actuator to the output from the particular control. These actuators are brushless, direct current, single phase motors. There are four available sizes for these actuators. The maximum wattage output varies for each size. The following is the maximum output each size is capable of producing:

Size 1: 75 Watts
Size 2: 145 Watts
Size 3: 350 Watts
Size 4: 600 Watts

The applicable subheading for the ProAct ITB (Integrated actuator and throttle body) will be 8481.80.9020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Taps, cocks, valves and similar appliances: Other Appliances: Other: Other: With electrical or electro-hydraulic actuators: Control valves designed for proportional operation by a signal from a control device”. The rate of duty will be 2%.

The applicable subheading for the “ProAct Analog and Digital Plus Electric Actuator with Integral Driver”, “ProAct ISC Integrated Speed Control” and “ProAct III and IV Actuators with driver” will be 8501.31.4000, Harmonized Tariff Schedule of the United States (HTSUS), 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%.

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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