N275297 N2 Ruling Active

The tariff classification of a battery operated motor from China

Issued May 19, 2016 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 8501.10.4040

Headings: 8501

Product description

The merchandise under consideration is referred to as the Battery Operated Motor. The motor is described as an 18” x 5” brushless DC motor in a plastic housing. The motor operates on a D-sized battery and has an output of 18W. The intended use for the motor is to rotate a small hanging indoor wind chime. You suggest an appropriate classification for the electric motor is 8501.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electric motors and generators…: Motors of an output not not exceeding 37.5 W: Of under 18.65 W: Synchronous, valued not over $4 each.” As the subject motor is not synchronous, and operates with DC electricity, the suggested classification is not appropriate.

CBP rationale

The applicable subheading for the Battery Operated Motor will be 8501.10.4040, HTSUS, which provides for "Electric motors and generators…: Motors of an output not exceeding 37.

Full text

N275297 May 19, 2016 CLA-2-85:OT:RR:NC:N4:112 CATEGORY: Classification TARIFF NO.: 8501.10.4040 Cara Lariviere Kheops International, Inc PO Box 177 Cole, NH 03576 RE: The tariff classification of a battery operated motor from China Dear Ms. Lariviere: In your letter dated April 28, 2016, you requested a tariff classification ruling. The merchandise under consideration is referred to as the Battery Operated Motor. The motor is described as an 18” x 5” brushless DC motor in a plastic housing. The motor operates on a D-sized battery and has an output of 18W. The intended use for the motor is to rotate a small hanging indoor wind chime. You suggest an appropriate classification for the electric motor is 8501.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electric motors and generators…: Motors of an output not not exceeding 37.5 W: Of under 18.65 W: Synchronous, valued not over $4 each.” As the subject motor is not synchronous, and operates with DC electricity, the suggested classification is not appropriate. The applicable subheading for the Battery Operated Motor will be 8501.10.4040, HTSUS, which provides for "Electric motors and generators…: Motors of an output not exceeding 37.5 W: Of under 18.65 W: Other: DC: Brushless." The general rate of duty will be 4.4%. 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 World Wide Web at http://www.usitc.gov/tata/hts/. 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, Deborah C. Marinucci Acting Director National Commodity Specialist Division

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