CLA-2-85:RR:NC:N1:113 G82064
Mr. Marco A. Solis, Jr.
The Chamberlain Group, Inc.
P.O. Box 2850
Nogales, AZ 85628
RE: The tariff classification of gate operators from Mexico
Dear Mr. Solis:
In your letter dated September 5, 2000, you requested a ruling on the tariff classification of gate operators from Mexico.
The merchandise is a number of electrical gate operators, including a Barrier Gate Operator, a Swing Gate Operator and a Slide Gate Operator. The Slide Gate Operators, Models SL500, SL540, SL570, SL1000, SL580, Sl590, SLMAX and HS670, are essentially AC gear motors of various horsepower used to slide a gate back and forth. The Swing Gate Operators, Models LA405, HL410, SW420, SW2000, SW470, SW490, and SW2200, are AC gear motors, usually with a swing arm, used to swing a gate open and closed. The Barrier Gate Operators are motor-controlled barrier arms used to control the flow of traffic.
The Swing Gate Operators and the Slide gate Operators come in horsepower ratings of 1/3 hp [248.7 W], ½ hp [373 W], ¾ Hp [559.5 W], 1 hp [746 W], and 1 ½ hp [1119W or 1.119 kW], and 2 hp [1492 W or 1.492 kW]. They may be single-phase or three-phase motors.
The applicable subheading for the Swing and Slide Gate Operators, single phase, of 248.7 W, 373 W, and 559.5 W will be 8501.40.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for other AC motors, single phase, of an output exceeding 74.6 W but not exceeding 735 W, gear motors. The general rate of duty will be 4 percent ad valorem.
The applicable subheading for the Swing and Slide Gate Operators, single phase, of 746 W and 1.119 kW and 1.492 kW will be 8501.40.6020, Harmonized Tariff Schedule of the United States (HTS), which provides for other AC motors, single phase, other, gear motors. The general rate of duty will be 3.7 percent ad valorem.
The applicable subheading for the Swing and Slide Gate Operators, multi-phase, of 248.7 W, 373 W, and 559.5 W will be 8501.51.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for other AC motors, multi-phase, of an output exceeding 74.6 W but not exceeding 735 W, gear motors. The general rate of duty will be 2.5 percent ad valorem.
The applicable subheading for the Swing and Slide Gate Operators, multi-phase, of 746 W and 1.119 kW and 1.492 kW will be 8501.51.6020, Harmonized Tariff Schedule of the United States (HTS), which provides for other AC motors, multi-phase, other, gear motors. The general rate of duty will be 2.5 percent ad valorem.
The Barrier Gate Operators come in Models BG700 and BG3000. They contain electric motors that raise and lower a barrier arm on a pivot.
The applicable subheading for the Barrier Gate Operator will be 8608.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for mechanical (including electro- mechanical) signaling, safety or traffic control equipment for railways, tramways, roads, inland waterways, parking facilities, port installations or airfields. The general rate of duty will be 3.8 percent ad valorem.
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 James Smyth at 212-637-7008.
Sincerely,
Robert B. Swierupski
Director
National Commodity
Specialist Division