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