NY 859754

Feb. 14, 1991


CLA-2-84:S:N:N1:103 859754

Mr. Scott A. Cohn
Grunfeld, Desiderio, Lebowitz & Silverman
12 East 49th Street
New York, N.Y. 10017

RE: The tariff classification of armature and stator manufacturing machines from Italy

Dear Mr. Cohn:

In your letter dated January 21, 1991 on behalf of Axis USA, Inc. you requested a tariff classification ruling.

This request represents one of several ruling requests you have submitted covering the importation of various machines for the manufacture of armatures and stators. The armatures and stators made by this equipment will be used as components of electric motors for small household appliances, power tools, and automobile DC motors.

Armatures basically consist of coils of wire wound around an iron core. They are produced by assembling metal laminations, or stacks, into a cylindrical shape and then inserting a shaft into slots in the stacks. A commutator, consisting of a molded plastic ring surrounded by a copper shell, is then placed onto the end of the shaft, and wires are wound around the shaft and fused to the commutator. During this process insulating materials are inserted at various stages so as to protect the armature components and wires, and the wires are coated with a resin to protect them from dirt and wear. Finally, the electrical connections in each completed armature are tested. The armatures are transported on metal pallets along a conveyor system from machine to machine as the assembly process occurs. Stators, which are stationary parts of a motor about which a rotor revolves, are produced in much the same fashion.

You inquired about the following specific machines:

1. Model UCI universal stator cell inserter - a machine which cuts rolls of paper or paper/mylar insulation into cells and inserts this insulation into the stator, thus providing a protective barrier between the stator and the wire that is later inserted.

2. Model MPM insulating mold placing machine - a machine used to press insulating end-cap molds, which have been fed from a vibratory bowl, onto the face of a stator.

3. Model SRM stator reversing machine - a machine which turns the stator over so that an insulating mold can be placed onto the stator's reverse side.

4. Models TPM or TIM terminal placing machines - machines which insert electrical connection terminals into the insulating mold prior to pressing the mold onto the stator. These machines may incorporate a cutting operation.

5. Model USW universal stator winder - a machine which winds insulated copper wire into slots in the stator by means of winding needles.

Control panels for each machine described above may also be imported with the particular machine.

The applicable subheading for the Model UCI universal stator cell inserter and the Model USW universal stator winder will be 8479.81.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other machines and mechanical appliances for treating metal, including electric wire coil- winders. The rate of duty will be 3.7 percent ad valorem.

The applicable subheading for the Model MPM insulating mold placing machine and the Models TPM or TIM terminal placing machines will be 8479.89.9090, HTS, which provides for other machines and mechanical appliances having individual functions, not specified or included elsewhere: other. The rate of duty will be 3.7 percent ad valorem.

The applicable subheading for the Model SRM stator reversing machine will be 8428.90.0090, HTS, which provides for other lifting, handling, loading or unloading machinery: other. The rate of duty will be 2 percent ad valorem.

A control panel imported together with the machine it will control will be classified in the same subheading as the machine. The above merchandise is not subject to any Voluntary Restraint Agreements or visa requirements.

In a supplemental letter dated January 31, 1991 you also inquired about disassembled machines and parts. In the absence of specific information, we are unable to provide you with a ruling on these matters. However, for your information, a particular heading for a machine includes such a machine in a disassembled state, per General Rule of Interpretation 2(a). If the importation does not contain all the components of the disassembled machine, it will still be classified in the heading for the complete machine provided it has the essential character of the complete machine. Parts of machines, including spare parts, which are not goods provided for in any of the other headings of chapters 84 or 85, nor excluded from chapters 84 or 85, will be classified in the same heading as the machine of which they are a part provided they are solely or principally used with such machine (see Notes 1 and 2 of section XVI, Note 1 to chapter 84, and Note 1 of chapter 85, HTS). This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport