CLA-2-84:OT:RR:NC:N1 102

John Bartlett
Geo S. Bush & Co.
5331 S Macadam Ave, Suite 370 Portland, OR 97217

RE:  The tariff classification of gear reducer from China

Dear Mr. Bartlett:

In your letter dated January 9, 2025, you requested a tariff classification ruling on behalf of your client, The Kroger Company. Descriptive information was provided in your request.

The product at issue is referred to as the SN-90 fixed-ratio planetary gear reducer. The gear reducer, which is configured as a planetary gearbox, is designed to be bolted to a separately imported motor, which receives rotational power from the driveline. Once the system is in operation, the input rotation received by the gears is immediately transferred to the output shaft at a constant ratio of 20/1. The gear reducer transmits power within a conveyor packaging machine that packages and seals food products.

In your letter, you suggest the gear reducer is classified within subheading 8483.40.5010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Transmission shafts (including camshafts and crankshafts) and cranks; bearing housings, housed bearings and plain shaft bearings; gears and gearing; ball or roller screws; gear boxes and other speed changers, including torque converters; flywheels and pulleys, including pulley blocks; clutches and shaft couplings (including universal joints); parts thereof: Gears and gearing, other than toothed wheels, chain sprockets and other transmission elements entered separately; ball or roller screws; gear boxes and other speed changers, including torque converters: Gear boxes and other speed changers: Fixed ratio speed changers, multiple and variable ratio speed changers each ratio of which is selected by manual manipulation: Other: Fixed ratio speed changers. We agree. The rate of duty will be 2.5 percent ad valorem.

Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8483.40.5010, 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 9903.88.03 in addition to subheading 8483.40.5010, HTSUS, listed above.

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 at https://hts.usitc.gov/.

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 and Border Protection 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, please contact National Import Specialist Sandra Martinez at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division