CLA-2-84:S:N:N1:102 872132
Mr. Charles H. Martin
Hampton Power Products, Inc.
3030 N.W. 29th Avenue
Portland, Oregon 97210
RE: The tariff classification of semi-finished gearboxes from
Japan
Dear Martin:
In your letter dated January 31, 1992 you requested a tariff
classification ruling.
The items in question are a series of partially completed
gearboxes, known as model MFGK. These units are imported into
the United States and ultimately mated with specially made U.S.
electric motors. The motor also has the first pinion gear
machined onto the end of its drive shaft. The ultimate assembly
is known as a gearmotor. In certain situations only a high
speed section is added to the imported assembly in order to
produce a stand-alone speed changer (no motor).
The applicable subheading for the MFGK gearboxes will be
8483.40.5010, Harmonized Tariff Schedule of the United States
(HTS), which provides for gearboxes and other speed changers,
other, fixed ratio. The rate of duty will be 2.5 percent ad
valorem.
In your letter you also asked about the marking requirements
for these devices. You stated your feeling that, since the
gearboxes will be finished in the U.S., assembled with domestic
motors, and therefore changed into different articles of
commerce, (namely gearmotors) the marking requirements should be
waived. In the case of the MFGK units that will be mated with
motors, we are in agreement with position. The items will be
imported for your use only, they will not be resold in their
original condition, and they will undergo a substantial
transformation into gearmotors. As such a waiver of the
individual country of origin marking requirements will be
granted. Marking of the outer container with "Made In Japan"
will still be required. Please contact your local port to make
the proper arrangements.
In the case of those units that will be combined with a U.S.
produced "high speed section", such combination resulting in a
finished speed changer, we note your agreement to mark the
finished article as "Made In Japan". Your compliance with this
agreement may be verified by Customs at any time.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport