CLA-2-85:OT:RR:NC:N2:220
Caleb Barber
Lisa Ragan Customs Brokerage
1 Clay Place
Hapeville, GA 30354
RE: The tariff classification of linear actuators from China
Dear Mr. Barber:
In your letter dated November 12, 2020 you requested a tariff classification ruling on behalf of your client, Dongguan Tommu Actuator Technology.
The merchandise under consideration is described as an electric motor actuator that is intended for use with a solar tracking rack. The actuator consists of the electric motor, the actuating arm, the gearbox, and covers. You state that the actuator provides the electric traction function of a solar panel rack, shifting from a retracted to an extended position from sunrise to sunset, respectively. The subject actuator operates on 24 VDC and has a maximum output of 288 W.
In your request, you suggest the subject actuator is classified under subheading 8501.31.4000, Harmonized Tariff Schedule of the United States (HTSUS). We agree.
The applicable subheading for the motor actuator will be 8501.31.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Electric motors…: Other DC motors…: Of an output not exceeding 750W: Motors: Exceeding 74.6 W but not exceeding 735 W." The general rate of duty will be 4%.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8501.31.4000, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.02, in addition to subheading 8501.31.4000, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at:
https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions https://www.cbp.gov/trade/remedies/301-certain-products-china
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 the World Wide Web at https://hts.usitc.gov/current.
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 Karl Moosbrugger at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division