CLA-2:CO:R:C:G 083955 JAS
Murray Sklaroff, Esq.
1507 Howell Road
Valley Stream, New York 11580-1328
RE: Clutch Motors and Needle Positioner Motors
Dear Sir:
In your letter of February 27, 1989, on behalf of your
client Consolidated Sewing Machine Corp., Maspeth, New York,
you ask that we reconsider a ruling on electric sewing machine
motors. Our ruling follows.
FACTS:
Ruling letter 835179, dated January 20, 1989, from the
Area Director of Customs, New York Seaport, concerned certain
1/3, 1/2, and 3/4 hp. electric motors used with industrial
sewing machines. The ruling held 1-phase AC electric clutch
motors and needle positioner motors, to be classifiable as
other AC gear motors, single-phase, in subheading
8501.40.4020, Harmonized Tariff Schedule of the United States
Annotated (HTSUSA), and 3-phase AC electric clutch motors and
needle positioner motors as other AC gear motors, multi-phase,
in subheading 8501.51.4020, HTSUSA.
The clutch motor is designed for attachment to industrial
type sewing machines and contains a clutch mechanism, braking
mechanism, and a belt pulley to transmit power. These
features permit the motor to continually run and stop and
restart the operation of the sewing machine. You state the
needle positioner motor provides motive power for industrial
sewing machines, as well as instantaneous starting and
stopping of these machines. Unlike the clutch motor, which
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performs physical clutching and braking functions, the needle
positioner motor performs its clutching and starting functions
and its braking and stopping functions by means of a
microprocessor utilizing electromagnetic waves. The needle
positioner motor performs the additional functions of
positioning the sewing machine needle, sending signals to
sever the sewing thread, reversing direction, and permitting
sewn objects to be removed from the machine.
Our New York office has cited relevant Explanatory Notes,
which provide guidance as to the scope of the HTSUSA at the
international level, for the proposition that electric motors
remain classifiable in heading 8501 even when they are
equipped with pulleys, with gears or gear boxes, or with a
flexible shaft. However, you have submitted drawings which
purport to show that the pulley is a feature of the clutch and
brake components and is not attached to the motor section.
You maintain that the presence of the braking and clutching
components are additional functions which make the clutch
motor and needle positioning motor "more than" single-phase
and multi-phase AC electric motors for tariff purposes. You
conclude that the proper classification is in subheading
8452.90.0090, HTSUSA, a provision for other parts of sewing
machines.
ISSUE:
Are the clutch motors and needle positioning motors
classifiable as electric AC motors under the HTSUSA?
LAW AND ANALYSIS:
Your claim for classification in subheading 8452.90.0090,
HTSUSA, is based on the tariff concept that where an article
is in character or function either more limited or more
diversified than that described by a specific statutory
provision, and the difference is significant, the article
cannot be classified in that provision. It is more than the
article described. This tariff concept was developed in
judicial decisions under the Tariff Schedules of the United
States (TSUS). However, because the HTSUSA has replaced the
TSUS as the official tariff code of this country, this tariff
concept does not control classification in this case.
General Rule of Interpretation (GRI) 1, HTSUSA, states,
in part, that for legal purposes, classification shall be
determined according to the terms of the headings and any
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relative section or chapter notes. Electric motors and
generators are classifiable in heading 8501. Section XVI,
Note 2(a), HTSUSA, states that 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. Whether or not the clutch motors
and needle positioning motors are parts of industrial sewing
machines, GRI 1 requires that they be classified in heading
8501, provided they remain electric motors.
The Explanatory Notes indicate that heading 8501 covers
electric motors of all types. Motors remain classifiable in
heading 8501 even when equipped with pulleys, with gears or
gear boxes, or with a flexible shaft for operating hand tools.
It therefore appears that electric motors imported with
additional components which complement the function of a motor
were intended to remain classifiable in heading 8501.
HOLDING:
The clutch motors and needle positioning motors in
question, which are 1-phase AC electric motors, are
classifiable in subheading 8501.40.4020, HTSUSA, while those
motors which are 3-phase AC electric motors are classifiable
in subheading 8501.51.4020, HTSUSA. Ruling 835179, dated
January 20, 1989, is affirmed.
Sincerely,
John Durant, Director
Commercial Rulings Division