CLA-2 CO:R:C:M 953365 DWS
District Director
U.S. Customs Service
300 South Perry Street
Room 2017
Terminal Island
San Pedro, CA 90731
RE: Protest No. 2704-93-100147; Gear Motor; Explanatory Note
85.01(1)(A); HQ 952500; 8432.80.00
Dear Sir:
This is our response on Application for Further Review on
Protest No. 2704-93-100147, dated January 15, 1993, concerning your
action in classifying and assessing duty on gear motors under the
Harmonized Tariff Schedule of the United States (HTSUS).
FACTS:
The merchandise consists of gear motors. The gear motor is
comprised of a .09 kW motor which is attached to a double reduction
gear box. Specifically, the gear box is a 1500:1 reduction gear
box, providing a final output of 1 rpm, with 1600 inch pounds of
torque. The gear motor is used in the greenhouse agriculture
industry to proportionally open and close roof vents and side wall
vents of greenhouse structures.
ISSUE:
What is the proper classification of the gear motor under the
HTSUS?
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 merchandise was entered under subheading 8432.80.00,
HTSUS, which provides for: "[a]gricultural, horticultural or
forestry machinery for soil preparation or cultivation; lawn or
sports ground rollers; parts thereof: [o]ther machinery." However,
the entry was liquidated under subheading 8501.10.40, HTSUS, which
provides for: "[e]lectric motors and generators (excluding
generator sets): [m]otors of an output not exceeding 37.5 W: [o]f
under 18.65 W: [o]ther."
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. . .
Consequently, under Explanatory Note 85.01(I)(A), the gear
motor, comprised of a motor attached to a gear box, is classifiable
under subheading 8501.10.40, HTSUS. See HQ 952500, dated October
16, 1992.
HOLDING:
The gear motor is classifiable under subheading 8501.10.40,
HTSUS, which provides for: "[e]lectric motors and generators
(excluding generator sets): [m]otors of an output not exceeding
37.5 W: [o]f under 18.65 W: [o]ther."
The protest should be denied in full. A copy of this decision
should be attached to the Customs Form 19 and provided to the
protestant as part of the action on the protest.
Sincerely,
John Durant, Director