CLA-2-85:OT:RR:NC:N2:220
Adam Klaser
C.H. Robinson
26555 Evergreen Road
Southfield, MI 48076
RE: The tariff classification of electric motors from China
Dear Mr. Klaser:
In your letter dated November 5, 2024, you requested a tariff classification ruling on behalf of your client, Bucher Hydraulics, Inc.
There are five electric motors under consideration that are identified as DC Electric Motors with the following Item Numbers: 0800499, 0804499, 0805199, 0805399, and 0819599. The subject electric motors are all described as 800 Watt permanent magnet electric motors that are said to be designed for motorized wheelchair lifts, each having certain performance and physical features that designate their use in specialized applications.
The applicable subheading for the DC Electric Motors, Item Numbers 0800499, 0804499, 0805199, 0805399, and 0819599, will be 8501.32.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Electric motors…: Other DC motors…: Of an output exceeding 750 W but not exceeding 75 kW: Motors: Exceeding 750 W but not exceeding 14.92 kW". The rate of duty will be 2.9%.
Also in your submission, you request consideration of a secondary classification for the electric motors under subheading 9817.00.96, HTSUS, which applies to articles and parts of articles specially designed or adapted for the use or benefit of the permanently or chronically physically or mentally handicapped. Chapter 98, Subchapter XVII, U.S. Note 4(a), HTSUS, defines the term “blind or other physically or mentally handicapped persons” as including “any person suffering from a permanent or chronic physical or mental impairment which substantially limits one or more major life activities, such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking breathing, learning, or working.”
You state that the electric motors are uniquely designed with certain performance and physical features that dedicate their use with wheelchair lifts and cite NY L80252 as a reference. Based on the information provided, the subject electric motors each have a unique output shaft that mates to the lift’s hydraulic system and they are designed and manufactured to perform at certain noise and durability standards. You also state that the item number suffix that ends in 99 designates their use in handicapped applications. As a result, in our view, the electric motors, being dedicated for use in wheelchair lifts, satisfy the description set forth in Chapter 98, Subchapter XVII, U.S. Note 4(a)j and the secondary classification will apply to DC Electric Motors, Item Numbers 0800499, 0804499, 0805199, 0805399, and 0819599, under 9817.00.96, HTSUS, which affords free duty treatment aside from any additional duties and/or applicable fees upon importation into the United States.
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.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
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