HQ 087433
NOV 13 1990
CLA-2:CO:R:C:G 087433 JAS
John A. Slagle
Wolf D. Barth Co., Inc.
7575 Holstein Avenue
Philadelphia, Pa. 19153
RE: Actuator With Planetary Roller Screw; Unfinished
Lifting Mechanism; Casting Machine Part; Electric Motor;
852660 Revoked
Dear Mr. Slagle:
In your letter of June 19, 1990, on behalf of SKF U.S.A.,
Inc., Bethlehem, Pa., you request reconsideration of a ruling
from our New York office on the tariff status of a screw-type
lifting device from France. Our ruling follows.
FACTS:
Linear actuators, sometimes called linear induction
motors, consist of the motor and an actuating device which
converts mechanical power produced by the motor into linear
motion. The article in question consists of the actuating
device and a planetary roller screw capable of a lift of 320 kN
at 30 mm per second, all in the same housing. This importation
will be minus the motor.
Devices of this type are used in a continuous steel
casting machine to raise the tundish or ladle in the vertical
plane. This permits insertion of a ceramic tube through which
molten steel will run from the tundish to the mold below. Use
of the tube not only eliminates splashing but contact with the
atmosphere which causes damaging oxidation. Four actuators are
positioned vertically with the base plate of each bolted to the
floor. The planetary roller screw of each device is mounted to
a corner of the tundish and receives power from the actuator's
motor, thus raising the tundish.
In a ruling to you dated June 1, 1990 (852660), the Area
Director of Customs, New York Seaport, held that the actuator,
imported without motor, was classifiable in subheading
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8503.00.6020, Harmonized Tariff Schedule of the United States
Annotated (HTSUSA), parts suitable for use solely or
principally with machines of heading 8501 or 8502. Electric
motors are provided for in heading 8501. You point out that
casting machines and their parts are provided for in heading
8454.
ISSUE:
Whether the article incorporating an actuating device and
roller screw, but minus the motor, is (1) parts of motors of
heading 8501, parts of casting machines of heading 8454, or (3)
lifting machinery of heading 8428.
LAW AND ANALYSIS:
Merchandise is classifiable under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA) in accordance
with the General Rules of Interpretation (GRIs). GRI 1 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 and, provided the headings or
notes do not require otherwise, according to GRIs 2 through 6.
GRI 2(a) states in part that any reference in a heading shall
be taken to include a reference to that article incomplete or
unfinished, provided that, as entered, the incomplete or
unfinished article has the essential character of the complete
or finished article.
Subject to certain exceptions parts which are goods
included in any of the headings of chapters 84 and 85 are in
all cases to be classified in their respective headings; 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. See Section XVI, Note 2, HTSUSA.
As to whether a composite article consisting of an
actuating device and planetary roller screw is unfinished
lifting machinery of heading 8428, the factor which determines
essential character necessarily varies with the goods. The
nature of the import or its role in relation to the use of the
completed article are often factors to be considered. Noting
the presence of the planetary roller screw, we conclude that
the imported device has the aggregate of distinctive component
parts that establish its identity as a lifting device of
heading 8428. Lifting or handling devices of this heading are
often used with furnaces, converters, rolling mills, etc., for
example, machines for manipulating doors, covers or hearths.
Tipping or tilting machines are among the types covered.
Noting section XVI, note 2, HTSUSA, it is unnecessary to
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determine whether the article in issue is a part for tariff
purposes. In reaching this conclusion we note that jacks of
heading 8425 are devices designed to raise heavy loads through
short distances. Screw jacks in which the screw is raised by
rotation or by rotating a nut fixed in the jack base are among
the types covered by heading 8425. However, heading 8425
designates a class of articles eo nomine, by specific name,
usually one well known to commerce. Because there is no
indication that the device here is commercially known in the
trade as a jack, classification in heading 8425 is
undocumented.
HOLDING:
Under the authority of GRI 2(a), HTSUSA, the imported
article consisting of an actuating device and planetary roller
screw, both in the same housing with base plate, has the
essential character of lifting machinery of heading 8428.
Actual classification is in subheading 8428.90.0090, other
lifting machinery. The rate of duty is 2 percent ad valorem.
EFFECT ON OTHER RULINGS:
New York ruling to you dated June 1, 1990 (852660), is
superseded by this ruling and is therefore revoked. See
section 177.9(d), Customs Regulations.
Sincerely,
John Durant, Director
Commercial Rulings Division