CLA-2-85:RR:NC:MM:109 C83001

8501.32.5540; 8504.40.4000; 8504.40.9540

Mr. Mitchell W. Cashion
Bax Global
Import Department
4302 Yorkmont Road
P.O. Box 19345
Charlotte, NC 28219

RE: The tariff classification and the country of origin marking of brushless servo amplifiers, power supplies, and motors from China

Dear Mr. Cashion:

In your letter dated December 17, 1997, you requested a tariff classification ruling on behalf of Kollmorgen, Motion Technologies Group.

The merchandise is described as motors, brushless servo amplifiers and power supplies. A letter from the importer describing the products, descriptive literature and a sample of power supply PSR4/5A-220 was submitted. These devices are used to configure Servo Systems for CNC (Computer Numerical Control) or similar controls, in factory automation systems or on machine tools. They form the Goldline product series.

The Goldline series of servomotors range from 0.62 to 82.0 lb-ft continuous torque (0.84 to 111 N-m) to meet various application requirements. The descriptive literature indicates that these are DC brushless motors of varying wattage output. They are classified according to the appropriate wattage output.

The brushless servo amplifiers are described in the importers letter as speed drive controllers. The Goldline amplifiers combine microprocessor control with a highly integrated PWM servo amplifier resulting in precise torque and velocity control. The BDS4 Amplifier series is available in seven module sizes with power ratings to 22 kVA continuous and 44 kVA peak.

The importers letter indicates that the power supplies will be described as "Bus Modules" in the future in order to be in keeping with general practice in the products market. The power supplies provide the speed drive controllers with the DC power they need to generate the varying frequency power to drive the motor. The PSR4/5 series of power supply can be used with multiple BDS amplifiers, reducing systems cost. The power supplies are available with the following specifications: AC line input of 115 V or 230 V; current ratings of 12, 20, 50, or 75 amp continuous. Output power of units ranges from 1.1 kW to 22.5 kW.

The applicable subheading for the motors, exceeding 74.6 W but not exceeding 735 W, will be 8501.31.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for electric motors and generators (excluding generating sets), other DC motors, of an output not exceeding 750 W, motors, exceeding 74.6 W but not exceeding 735 W. The rate of duty will be 4.2% ad valorem.

The applicable subheading for the motors, exceeding 735 W but under 746 W will be 8501.31.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other DC motors, of an output not exceeding 750 W, motors, exceeding 735 W but under 746 W. The rate of duty will be 3.6% ad valorem.

The applicable subheading for the motors, exceeding 750 W but not exceeding 14.92 kW will be 8501.32.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for other DC motors, of and 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 3.1% ad valorem.

The applicable subheading for the motors, of an output exceeding 14.92 kW will be 8501.32.5540, Harmonized Tariff Schedule of the United States (HTS), which provides for other DC motors, of an output exceeding 750 W but not exceeding 75 kW, motors, other, other, other. The rate of duty will be free of duty.

The applicable subheading for the brushless servo amplifiers BDS4 series will be 8504.40.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for static converters: speed drive controllers for electric motors. The rate of duty will be 1.8% ad valorem.

The applicable subheading for the power supplies (Bus Modules) PSR4/5 series will be 8504.40.9540, Harmonized Tariff Schedule of the United States (HTS), which provides for static converters: other, rectifiers and rectifying apparatus: power supplies: other (exceeding 500 W). The rate of duty will be 1.8% ad valorem.

You also direct our attention to a second letter from the importer which outlines certain questions concerning the transactions, and marking of these goods imported from Tianjin Kollmorgen, a Kollmorgen majority-owned Joint Venture in Tianjin, China. The first set of questions concern the dutiability of products assembled in China with components purchased in the United States and/or abroad. There is insufficient information to issue a binding ruling regarding this. Additional information is required as indicated. First, it is unclear from this letter whether any of the components are actually manufactured in the United States or simply purchased here. These components and their origin needs to be identified. Also, a complete description of the assembly operations must be provided. When this information is available, you may wish to consider resubmission of your request.

The importer also inquires concerning the country of origin marking requirements for the imported devices which are assembled in China. The submitted sample is not marked to indicate its origin. The importer does not provide any information indicating that the devices are excepted from marking.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

Marking of the imported devices "Made in China," or similar phrase, in a conspicuous, legible and permanent manner in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 is an acceptable country of origin marking for the imported devices.

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 Eileen S. Kaplan at 212-466-5673.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division