CLA-2-85:OT:RR:E:NC:N1:112
Jorge M. Larranaga
Manager, Intl. Trade Compliance
Toshiba International Corporation
13131 W. Little York Rd
Houston, TX 77041
RE: The tariff classification of traction motors from Japan
Dear Mr. Larranaga:
In your letter dated June 11, 2008, you requested a tariff classification ruling.
The item concerned is referred to as a traction motor. The traction motor is a 3-phase, squirrel cage, AC induction motor. It has a rating of 150kW. It is used as part of a railway traction or propulsion system.
You have proposed classification under subheading 8607.19.9000 Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Parts of railway or tramway locomotives or rolling stock: Truck assemblies, axles and wheels, and parts thereof: Other, including parts: Other”. Section XVII Note 2 (f) excludes electrical machinery or equipment of chapter 85. The article concerned is an electric motor, which is provided for in Chapter 85. As such, the traction motor cannot be classified under subheading 8607.19.9000.
The applicable subheading for the traction motor will be 8501.53.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electric motors and generators…: Other AC motors, multi-phase: Of an output exceeding 75 kW: 149.2 kW or more but not exceeding 150 kW”. The rate of duty will be 4.2%.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Steve Pollichino at 646-733-3008.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division