CLA-2-85:OT:RR:NC:N1:112
Hobyung Yi
Ted T. Kim d/b/a/ Express Customhouse Broker
144-45 156th Street, 2nd Floor
Jamaica, New York 11434
RE: The tariff classification of HVAC actuators from an unspecified country
Dear Mr. Yi:
In your letter dated February 6, 2009, you requested a tariff classification ruling on behalf of your client, Hao Yong Automotive Controls Ltd.
The merchandise subjected to this ruling are HVAC actuators (Part #’s 12821201.003, 11221010.007 and 11221011.005). The HVAC actuators incorporate an electric motor, gears and control electronics. The motor is a brushed, single phased DC motor with a maximum output of 0.7 watts. These actuators will be used in automotive HVAC systems. These actuators are designed to operate in a thermostatically controlled system. The HVAC’s main function is to provide the mechanical power to open and close an automobile’s ventilation duct based upon instructions from a central processor of the HVAC system.
You suggest that the HVAC actuators should be classified under heading 8481.90.9080 which provides for “Other parts of taps, cocks, valves and similar appliances; however, it appears that the item is just the actuator for a duct flow value, not the value itself. Therefore, 8481.90.9080 would not be appropriate.
The applicable subheading for the HVAC actuator (Part #’s 12821201.003, 1122101.007 and 11211011.005) will be 8501.10.4060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electric motors…: Motors of an output not exceeding 37.5W: Of under 18.65W: Other: DC: Other”. The rate of duty will be 4.4%.
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