CLA-2 CO:R:C:M 955037 DWS
District Director
U.S. Customs Service
300 S. Ferry Street, Rm. 1001
Terminal Island, CA 90731
RE: Protest No. 2704-93-101702; Motorized Linear Actuators;
Television Satellite Antennas; Electric Motors;
Explanatory Notes 85.01(I)(A), 84.25(III), and 84.28;
HQs 950834, 952500, and 087433; Functional Unit;
Section XVI, Note 4; Parts; Section XVI, Note 2; 8425.49.00;
8428.90.00; 8529.10.20
Dear District Director:
The following is our decision regarding the request for
further review of Protest No. 2704-93-101702 concerning your action
in classifying and assessing duty on motorized linear actuators
under the Harmonized Tariff Schedule of the United States (HTSUS).
FACTS:
The merchandise consists of two models of motorized linear
actuators for use in television satellite antennas. The "Blackjack
Plus" is a small 18" stroke length actuator motor with a motor
wattage greater than 37.5 watts (W) but not exceeding 74.6 W. This
wattage was determined after a sample of the "Blackjack Plus" was
submitted to the Headquarters Laboratory for examination at the
request of counsel for the protestant. The "HTS Regular Jack" is
a large actuator model available in various arm lengths (18", 24",
and 36") and with either ball or acme jack mechanisms. The motor
wattage for all varieties of this model of actuator, which was
provided by the protestant, is 29 W.
All of the actuators are comprised of a screw driven jack
mechanism, a gear box, a DC electric motor, and a sensor device to
control movement of the jack mechanism. The gear box connects the
jack mechanism the DC motor. The actuators are designed to be
mounted at the base of satellite dish-type antennas which receive
television signals from orbiting satellites and transmit the
signals to other television apparatus. The actuators serve to move
the antenna dish into proper alignment with the incoming television
signal from the satellite.
The merchandise was entered under subheading 8425.49.00,
HTSUS, as other jacks. The entries were liquidated on February
19, March 12, March 19, April 23, April 30, and May 7, 1993, under
heading 8501, HTSUS, as electric motors, the subheading
classification of the actuators depending on the wattage of the
respective motors. The protest was timely filed on May 20, 1993.
The subheadings under consideration are as follows:
8425.49.00: [j]acks . . . : [o]ther.
The general, column one rate of duty for goods classifiable
under this provision is 2 percent ad valorem.
8428.90.00: [o]ther lifting, handling, loading or unloading
machinery (for example, elevators, escalators,
conveyors, teleferics): [o]ther machinery.
The general, column one rate of duty for goods classifiable
under this provision is 2 percent ad valorem.
8529.10.20: [p]arts suitable for use solely or principally
with the apparatus of headings 8525 to 8528:
[a]ntennas and antenna reflectors of all kinds;
parts suitable for use therewith: [t]elevision.
The general, column one rate of duty for goods classifiable
under this provision is 3.7 percent ad valorem.
8501.31.20: [e]lectric motors . . . : [o]ther DC motors
. . . : [o]f an output not exceeding 750 W:
[m]otors: [e]xceeding 37.5 W but not
exceeding 74.6 W.
The general, column one rate of duty for goods classifiable
under this provision is 4.2 percent ad valorem.
8501.10.60: [m]otors of an output not exceeding 37.5 W: [o]f
18.65 W or more but not exceeding 37.5 W.
The general, column one rate of duty for goods classifiable
under this provision is 4.2 percent ad valorem
ISSUE:
Whether the motorized linear actuators are classifiable under
subheading 8425.49.00, HTSUS, as other jacks; under subheading
8428.90.00, HTSUS, as other lifting or handling machinery; under
subheading 8529.10.20, HTSUS, as parts of antennas; under
subheading 8501.31.20, HTSUS, as other DC motors of an output
exceeding 37.5 W but not exceeding 74.6 W; or under subheading
8501.10.60, HTSUS, as motors of an output of 18.65 W or more but
not exceeding 37.5 W.
LAW AND ANALYSIS:
Classification of merchandise under the HTSUS is in accordance
with the General Rules of Interpretation (GRI's), taken in order.
GRI 1 provides that classification is determined according to the
terms of the headings and any relative section or chapter notes.
The question of whether an article, which consists of multiple
components including a motor, is classifiable as a motor under
heading 8501, HTSUS, is well settled. In understanding the
language of the HTSUS, the Harmonized Commodity Description and
Coding System Explanatory Notes may be utilized. The Explanatory
Notes, although not dispositive, are to be used to determine the
proper interpretation of the HTSUS. 54 Fed. Reg. 35127, 35128
(August 23, 1989). In part, Explanatory Note 85.01(I)(A) (p. 1334)
states that:
[m]otors remain classified here even when they are equipped
with pulleys, with gears or gear boxes, or with a flexible
shaft for operating hand tools. The heading includes
"outboard motors" for the propulsion of boats, in the form
of a unit comprising an electric motor, shaft, propeller and
a rudder.
In HQ 950834, dated March 6, 1992, it was stated that:
[t]he Explanatory Notes and the rulings interpreting heading
8501, HTSUS, make it clear that electric motors equipped
with additional components, remain classifiable in this
heading, even if those other components are "quite
substantial". However, it is equally clear that heading
8501, HTSUS, does not encompass every assembly which
includes an electric motor. When confronted with an
assembly incorporating a motor which includes additional
components other than those listed in Explanatory Note
85.01, HTSUS, the rulings described above provide the
following guidelines--an electric motor is classifiable
under heading 8501, HTSUS, even when imported with
additional components (other than those listed in
Explanatory Note 85.01) if:
(1) those additional components complement the function of
the motor [HQ 083955];
(2) those additional components are devices which motors are
commonly equipped [HQ 087909];
(3) those additional components serve merely to transmit the
power the motors produce [HQ 950557].
See HQ 952500, dated October 16, 1992.
The subject actuators consist of motors with additional
components; gear boxes, jack mechanisms, and sensors to control
the jack mechanisms. It is our position that the actuators remain
classifiable under heading 8501, even with the presence of these
additional components. The gear boxes, jack mechanisms, and
control sensors serve merely to transmit the power which the motors
produce. The power which the motor produces is transmitted through
the additional components to the satellite antenna enabling the
dish to turn to a certain position, thereby intercepting signals
from a satellite.
Consequently, the "Blackjack Plus" actuator is classifiable
under subheading 8501.31.20, HTSUS, and the varieties of the "HTS
Regular Jack" actuator are classifiable under subheading
8501.10.60, HTSUS.
Counsel argues that the actuators are functional units, the
function of which is imparted by the jack mechanisms, and therefore
the merchandise is classifiable under subheading 8425.49.00, HTSUS.
Section XVI, note 4, HTSUS, states that:
[w]here a machine (including a combination of machines)
consists of individual components (whether separate or
interconnected by piping, by transmission devices, by
electric cables or by other devices) intended to contribute
together to a clearly defined function covered by one of
the headings in chapter 84 or 85, then the whole falls to be
classified in the heading appropriate to that function.
We find that the subject actuators are not functional units,
as defined by section XVI, note 4, HTSUS. The actuators are in
themselves complete articles, and do not consist of separate or
interconnected individual components. Therefore, the note does
not apply in this instance.
The actuators are not classifiable under subheading
8425.49.00, HTSUS, because they are not jacks. In fact, the
jacking mechanisms themselves are not classifiable as jacks. In
part, Explanatory Note 84.25(III) (p. 1192) states that:
[j]acks are designed to raise heavy loads through short
distances. . .
Special types of jacks include:
(1) Portable jacks for cars, etc.
(2) Trolley mounted garage jacks, crate-lifting jacks, etc.
(3) Garage type built-in jacking systems, usually
hydraulic.
(4) Jacks used in tipping mechanisms for lorries.
(5) Jacks for firmly anchoring cranes, heavy lorries, mobile
workshops, guns, etc., when parked.
(6) Jacks for lifting railway track.
(7) Jacks for lifting railway rolling-stock.
(8) Horizontal action jacks for moving girders, sections of
building structures.
The jacking mechanisms are not designed to raise heavy loads
through short distances. It is true that they help position a
satellite dish to a certain position, however, these moves are very
sensitive in that the dish has to be in a perfect position to
receive signals from a satellite. The actuators are not remotely
similar to any of the examples given in Explanatory Note
84.25(III), and therefore, for classification purposes, we find
that the jacking mechanisms do not meet the definition of a "jack".
Even if the jacking mechanisms were classifiable as jacks,
the actuators themselves would not be. The actuators contain other
components which do not meet the definition of a jack, and the
actuators cannot be described as jacks. One may argue that the
actuators contain components other than motors, and therefore the
actuators cannot be described as motors. However, Explanatory
Note 85.24 does not contain the same inclusionary language as does
Explanatory Note 85.01, and similar case precedence does not exist
for the classification of jacks with additional components.
In the alternative, counsel argues that the actuators are
classifiable under subheading 8428.90.00, HTSUS, as other lifting
or handling machinery. Counsel cites HQ 087433, dated November
13, 1990, which held that a motorized linear actuator for use in
a continuous steel casting machine was classifiable under
subheading 8428.90.00, HTSUS. However, the actuator in that ruling
is not similar to the subject actuators. The actuator in HQ 087433
was used to lift a tundish allowing molten steel to run from the
tundish down into mold. The actuator in that ruling was designed
to lift very heavy objects. The subject actuators are not designed
to lift, but are designed to sensitively move a satellite dish a
few degrees to lock onto a satellite signal. Consequently, it is
our position that HQ 087433 is inapplicable.
Also, in examining the exemplars given in Explanatory Note
84.28 (pp. 1197 - 1200), we find that the actuators are not in the
same class or kind of articles as those which are classifiable
under heading 8428, HTSUS.
Again in the alternative, counsel argues that the actuators
are classifiable under subheading 8529.10.20, HTSUS, as parts of
antennas. We agree that the actuators are parts of antennas, but
we disagree with their proposed classification under subheading
8529.10.20, HTSUS. Section XVI, note 2, HTSUS, states that:
[s]ubject to note 1 to this section, note 1 to chapter 84
and to note 1 to chapter 85, parts of machines (not being
parts of the articles of heading 8484, 8544, 8545, 8546 or
8547) are to be classified according to the following
rules:
(a) Parts which are goods included in any of the headings
of chapters 84 and 85 (other than headings 8485 and
8548) 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 (including a machine of
heading 8479 or 8543) are to be classified with the
machines of that kind. However, parts which are equally
suitable for use principally with the goods of headings
8517 and 8525 to 8528 are to be classified in heading
8517;
(c) All other parts are to be classified in heading 8485 or
8548.
Under section XVI, note 2(a), HTSUS, because the actuators
are parts which are goods classifiable under heading 8501, HTSUS,
they are to be classifiable under that heading. Therefore, the
actuators are precluded from classification as parts under
subheading 8529.10.20, HTSUS.
HOLDING:
The "Blackjack Plus" actuator is classifiable under subheading
8501.31.20, HTSUS, as other DC motors of an output exceeding 37.5
W but not exceeding 74.6 W.
The varieties of the "HTS Regular Jack" actuator are
classifiable under subheading 8501.10.60, HTSUS, as motors of an
output of 18.65 W or more but not exceeding 37.5 W.
The protest is denied in full. In accordance with Section
3A(11)(b) of Customs Directive 099 3550-065, dated August 4, 1993,
Subject: Revised Protest Directive, this decision, together with
the Customs Form 19, should be mailed by your office to the
protestant no later than 60 days from the date of this letter.
Any reliquidation of the entry in accordance with the decision must
be accomplished prior to mailing of the decision. Sixty days from
the date of the decision the Office of Regulations and Rulings will
take steps to make the decision available to Customs personnel via
the Customs Rulings Module in ACS and the public via the Diskette
Subscription Service, Lexis, Freedom of Information Act, and other
public access channels.
Sincerely,
John Durant, Director