CLA-2 RR:TC:MM 959316 JAS
Port Director of Customs
111 West Huron Street
Buffalo, NY 14202-2378
RE: PRD 0901-95-101333; Motor Protector, Circuit Breaker for use
in Electric Motors; Device for Opening Electrical Circuit in
Motor During Current Overload, Current Overload Protector; Plug-In Busway, 9905.85.74
Dear Port Director:
This is our decision on Protest 0901-95-101333, filed
against your classification of the AM Series Motor Protector,
products of Canada. The entries were liquidated on April 4, 14,
21, and 28, on May 5, 12, 19, and 26, and on June 2 and 16, 1995.
Except for the entry which was liquidated on April 4, 1995, this
protest was timely filed on July 13, 1995, and amended on April
1, 1996, in accordance with section 174.28, Customs Regulations.
The protest is denied as to the one entry because it is untimely
under section 174.12(e), Customs Regulations (19 CFR 174.12(e)).
FACTS:
The merchandise under protest is the AM Series Automatic
Motor Protector. It is a device designed to prevent overheating
of the electrical windings of a motor. It is connected in series
with the line voltage supplied to the motor. When a circuit
overload condition occurs, a bimetal disc is calibrated to open
contacts in the Motor Protector, thus interrupting the current in
the manner of a circuit breaker.
The merchandise was entered under subheading 8536.30.40,
Harmonized Tariff Schedule of the United States (HTSUS), as
apparatus for protecting electrical circuits, motor overload
protectors. The protest was subsequently amended to include a
claim under HTSUS subheading 9905.85.74 as plug-in busways, - 2 -
fusible or circuit breaker type of the type provided for in
subheading 8536.30. Protestant supports this latter claim on the
basis that busways are grounded metal enclosures containing
insulated conductors and the term includes devices such as motor
protectors which branch from them. Protestant maintains that
since subheading 9905.85.74 includes, among others, plug-in
busways provided for in subheading 8536.30, liquidation under
that subheading implies compliance with the chapter 99 provision.
You liquidated the entries under subheading 8536.30.40 but denied
the claim under subheading 9905.85.74 on the basis that motor
protectors are not plug-in busways.
The provisions under consideration are as follows:
8536 Electrical apparatus for switching or protecting electrical circuits, or for making
connections to or in electrical circuits..., for a voltage not exceeding 1,000 V:
8536.30 Other apparatus for protecting electrical
circuits:
8536.30.40 Motor overload protectors...1.5 percent ad valorem as an originating good from Canada
* * * *
9905.85.74 Plug-in busways, fusible or circuit breaker type (provided for in subheading 8536.10.00, 8536.20.00 or 8536.30)...Free as an originating good from Canada
ISSUE:
Whether AM Series Motor Protectors are plug-in busways for
tariff purposes.
LAW AND ANALYSIS:
Merchandise is classifiable under the Harmonized Tariff
Schedule of the United States (HTSUS) 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. - 3 -
Initially, all parties agree that the AM series motor
overload protectors are classifiable in subheading 8536.30.40,
HTSUS. However, there is disagreement over whether they are
described by the provision in subheading 9905.85.74, HTSUS. The
protestant maintains that motor protectors are other apparatus
for protecting electrical circuits provided for in subheading
8536.30. This, it is claimed, is the only way to make that
reference in subheading 9905.85.74 meaningful. We do not agree.
Technical information available to us on plug-in busways
describes a device very different from the merchandise in issue
here. The Standard Handbook for Electrical Engineers describe
busways as consisting of interconnected prefabricated lengths or
sections of steel or aluminum duct which enclose either bare or
insulated electrical conductors called bus bars. Because a bus
must be designed to carry current without overheating, regularly
spaced openings in the sides of the duct permit plugging in
branch circuit-control devices of the circuit-breaker, fuse or
fused-switch type. When a motor, for example, contains a motor
protector that may be plugged directly into the branch circuit,
it is the motor protector that serves as the branch circuit
protection device. Nevertheless, plug-in overcurrent devices,
while required for the protection of busways used as feeders or
branch circuits, are separate and distinct electrical articles
that function in the manner of parts or accessories. In no way
do they qualify as busways.
HOLDING:
Under the authority of GRI 1, the AM series Automatic Motor
Protectors are provided for in heading 8536. They are
classifiable in subheading 8536.30.40, HTSUS. For the stated
reasons, they do not qualify for classification in subheading
9905.85.74.
The protest should be DENIED. In accordance with Section
3A(11)(b) of Customs Directive 099 3550-065, dated August 4,
1993, Subject: Revised Protest Directive, you should mail this
decision, together with the Customs Form 19, to the protestant no
later than 60 days from the date of this letter. Any
reliquidation of the entry or entries in accordance with the
decision must be accomplished prior to mailing the decision.
Sixty days from the date of the decision the Office of
Regulations and Rulings will take steps to make the decision - 4 -
available to Customs personnel via the Customs Rulings Module in
ACS and to the public via the Diskette Subscription Service, the
Freedom of Information Act and other public access channels.
Sincerely,
John Durant, Director
Tariff Classification
Appeals Division