CLA-2 CO:R:C:M 088743 JMH
Area Director
U.S. Customs Service
J.F.K. Airport Area
J.F.K. Airport
Building 178
Jamaica, NY 11430
RE: Internal Advice 11/91; chart drives; electric motors; gear
motors; Section XVI, Note 2; Chapter 90, Note 2; parts which
are goods included in any of the headings; measurement
recording instruments
Dear Sir:
This is in response to your request for internal advice,
Internal Advice 11/91, regarding the classification of certain
chart drives. Our response follows.
FACTS:
The articles in question are chart drives, which are gear
motors specifically designed for installation in measurement
recording instruments. The chart drives provide electrical
power to the instrument to rotate the chart paper within the
instrument. The drives have rugged housings to protect them
from moisture, dust and other conditions of the field in which
they are used. The chart drives also have electrical circuitry
to control the speed of the chart's rotation. Literature
submitted by the importer states that the drive is "a self-
starting hysteresis type synchronous motor, and a first class
clockwork movement with a pin pallet escapement."
ISSUE:
What is the appropriate classification for the chart drives?
LAW AND ANALYSIS:
The classification of merchandise under the Harmonized
Tariff Schedule of the United States Annotated ("HTSUSA") is
governed by the General Rules of Interpretation ("GRIs"). GRI 1,
--2--
HTSUSA, states in part that "for legal purposes, classification
shall be determined according to the terms of the headings and
any relative section or chapter notes..." Electrical machinery
is classified in Chapter 85, Section XVI, HTSUSA. Measuring
instruments are classified in Chapter 90, Section XVIII, HTSUSA.
Thus, these chapter and section notes must be examined.
Section XVI, Note 2, HTSUSA, and Chapter 90, Note 2, HTSUSA,
are substantially similar. These notes state in pertinent part
the following:
...parts of machines...are to be classified according to the
following rules:
(a) Parts which are goods included in any of the
headings of chapters [84, 85 90 or 91] are in
all cases to be classified in their
respective headings;
(b) Other parts, if suitable for use solely or
principally with a particular kind of
machine, or with a number of machines of the
same heading are to be classified with the
machines of that kind...;
(c) All other parts are to be classified in
heading [8485 or 8548 or 9033].
According to Section XVI, Note 2(a), and Chapter 90, Note
2(a), if the chart drives are described by a heading within
chapters 84, 85, 90 or 91, the chart drives must be classified in
that heading. Heading 8501, HTSUSA, specifically describes
electrical motors. To determine what is meant by "electrical
motors" of this heading, the Explanatory Notes to the HTSUSA must
be examined. The Explanatory Notes, although not dispositive,
are to be looked to for the proper interpretation of the HTSUSA.
54 Fed. Reg. 35127, 35128 (August 23, 1989).
Explanatory Note 85.01(I)(A) states that "[e]lectric motors
are machines for transforming electrical energy into mechanical
power." Explanatory Note 85.01(I), Harmonized Commodity
Description and Coding Service ("HCDCS"), Vol. 4, p.1333. This
Note further comments that heading 8501 includes rotary motors
that produce mechanical power in the form of a rotary motion.
Furthermore, rotary motors are of many different types and sizes,
and the motor housing may be adapted to the circumstances in
which the motor will operate (e.g. dust proof, drip proof, etc.).
Explanatory Note 85.01(I)(A), HCDCS, Vol. 4, pp. 1333-1334.
The importer believes that since the motors are used with
specific machines and were classified with those machines under
the prior Tariff Schedules of the United States ("TSUS"), then
--3--
the chart drives should remain parts of the measurement recording
machines under the HTSUSA. We disagree. Although the
transition to the HTSUSA was meant to be tariff neutral wherever
possible, some differences have occurred. These differences
result from the new nomenclature, GRIs and notes of the HTSUSA
which this office is bound to follow. In Headquarters Ruling
086832, dated May 21, 1990, this office stated that under the
HTSUSA "a motor remains a motor for tariff purposes..."
Under the TSUS, the motors were considered to be "more than"
motors since they were dedicated for use with a specific machine.
However, the "more than" concept upon which many TSUS
classifications were based may no longer apply and certainly does
not apply in this case. Classification under the HTSUSA must
follow the GRIs, the terms of the headings, and the chapter and
section notes. Products classified under the HTSUSA, are
classified in the provisions which most specifically describe the
articles.
The chart drives in question are electric gear motors.
Heading 8501 is an eo nomine provision for electric motors.
Heading 8501 describes "Electric motors and generators (excluding
generating sets)..." The chart drives are parts of measurement
recording instruments and heading 8501 specifically describes the
chart drives. Thus, in accordance with GRI 1, the terms of the
headings and the section and chapter notes require that the chart
drives be classified under heading 8501. The appropriate
classification for the chart drives is subheading 8501.10.40,
HTSUSA, as "Electric motors and generators (excluding generating
sets)...Motors of an output not exceeding 37.5 W...O under 18.65
W...Other..."
HOLDING:
The chart drives for use with measurement recording
instruments are electric gear motors. Electric motors are
specifically described by heading 8501. In accordance with GRI
1, Section XVI, Note 2(a), and Chapter 90, Note 2(a), the chart
drives meet the terms of heading 8501. The proper
classification for the chart drives is subheading 8501.10.40, as
"Electric motors and generators (excluding generating
sets)...Motors of an output not exceeding 37.5 W...O under 18.65
W...Other..."
Please advise the internal advice applicant of this
decision.
Sincerely,
John Durant, Director