CLA-2-85:OT:RR:NC:N2:220
Suzanne Yesta
Adient US, LLC
49200 Halyard Drive
Plymouth, MI 48170
RE: The tariff classification of electric motors from China
Dear Ms. Yesta:
In your letter dated February 26, 2025, you requested a tariff classification ruling.
The first item under consideration is identified as the PHA2000 ASM, which is described as a brushed DC electric gear motor consisting of a DC electric motor and an attached gear and mounting bracket assembly. The PHA2000 ASM is said to be used in motor vehicle seat applications and has a calculated maximum output of 25 Watts.
The second item under consideration is identified as the PHA3000 ASM , which is described as a brushed DC electric gear motor consisting of a DC electric motor and an attached gear and mounting bracket assembly. The PHA3000 ASM is said to be used in motor vehicle seat applications and has a calculated maximum output of 38 Watts.
The third item under consideration is identified as the Tilt2000P ASM, which is described as a brushed DC electric gear motor consisting of a DC electric motor and an attached gear and mounting bracket assembly. The Tilt2000P ASM is said to be used in motor vehicle seat applications and has a calculated maximum output of 25 Watts.
The fourth item under consideration is identified as the Mini Tilt ASM, which is described as a brushed DC electric gear motor consisting of a DC electric motor and an attached gear and mounting bracket assembly. The Mini Tilt ASM is said to be used in motor vehicle seat applications and has a calculated maximum output of 26 Watts.
The fifth item under consideration is identified as the RTA2000 ASM, which is described as a brushed DC electric gear motor consisting of a DC electric motor having an output shaft with a threaded collar. The RTA2000 ASM is said to be used in motor vehicle seat applications and has a calculated maximum output of 14 Watts.
In your letter, you provide the output power calculations for each motor and suggest that the PHA2000 ASM, the Tilt2000P ASM, and the Mini Tilt ASM electric motors are classifiable under subheading 8501.10.6060, the PHA3000 ASM motor is classifiable under subheading 8501.31.2000, and the RTA 2000 ASM electric motor is classifiable under subheading 8501.10.4060, Harmonized Tariff Schedule of the United States (HTSUS). We agree.
The applicable subheading for the Mini Tilt ASM, the Tilt2000P ASM, and the PHA2000 ASM electric motors will be 8501.10.6060, HTSUS, which provides for "Electric motors…: Motors of an output not exceeding 37.5 W: Of 18.65 W or more but not exceeding 37.5 W: DC: Other. The general rate of duty will be 2.8% ad valorem.
The applicable subheading for the PHA3000 ASM electric motor will be 8501.31.2000, HTSUS, which provides for “Electric motors…: Other DC motors; DC generators: Of an output not exceeding 750 W: Motors: Exceeding 37.5 W but not exceeding 74.6 W”. The general rate of duty will be 2.8 percent ad valorem.
The applicable subheading for the RTA2000 ASM electric motor will be 8501.10.4060, HTSUS, which provides for “Electrical motors and generators (excluding generating sets): Motors of an output not exceeding 37.5 W: Of under 18.6 W: Other: DC: Other.” The general rate of duty will be 4.4% ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8501.10.6060, 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 8501.10.6060, HTSUS, listed above.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheadings 8501.10.4060 and 8501.31.2000 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., 9903.88.01, in addition to subheadings 8501.10.4060 and 8501.31.2000, 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, including information on exclusions and their effective dates, you may refer to the relevant parts of the United States Trade Representative and CBP websites, which are available at the following addresses:
https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions https://www.cbp.gov/trade/remedies/301-certain-products-china
Effective March 4, 2025, pursuant to U.S. Note 2(u) to Subchapter III, Chapter 99, all products of China and Hong Kong as provided by heading 9903.01.24, HTSUS, other than products classifiable under headings 9903.01.21, 9903.01.22, and 9903.01.23, HTSUS, will be subject to an additional 20 percent ad valorem rate of duty. At the time of entry, you must report the applicable Chapter 99 heading, i.e. 9903.01.24, in addition to subheadings 8501.10.4060, 8501.10.6060, and 8501.31.2000, 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 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