The tariff classification of electric motors from China

N344025 November 26, 2024 CLA-2-85:OT:RR:NC:N2:220 CATEGORY: Classification TARIFF NO.: 8501.10.6040; 9903.88.01 Park Byeoung Ho SEIN Customs & Auditing Corp 138, Seoun-ro, Seocho-gu Seoul  06619 South Korea RE:      The tariff classification of electric motors from China   Dear Mr. Ho: In your letter dated November 14, 2024, you requested a tariff classification ruling on behalf of your client, Hyundai Motor Company. There are three electric motors under consideration, identified as the HSWS Motor, PN 56184-L1FA0, the HSWS Motor, PN 56184-R0000, and the HSWS Motor, PN 56184-S9600, which are described as brushed DC electric motors with a maximum power output of 1.26 Watts.  The subject motors are intended to be installed within a vehicle’s steering wheel to provide for haptic sensory feedback to the driver.  The three motors operate on 12 VDC and measure 20 mm in diameter. The applicable subheading for the HSWS Motor, PN 56184-L1FA0, the HSWS Motor, PN 56184-R0000, and the HSWS Motor, PN 56184-S9600, will be 8501.10.4060, Harmonized Tariff Schedule of the United States (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%. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8501.10.4060, 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 subheading 8501.10.4060, 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 USTR 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 Also in your request letter, you inquire if the subject electric motors can benefit from the published exclusion under the Section 301 tariff classification under 9903.88.69, HTSUS.  Specifically, section (vvv)(i) suffix (26), which calls for “DC electric motors, of an output of less than 18.65 W, other than brushless, measuring less than 38 mm in diameter (described in statistical reporting number 8501.10.4060)”.  Regarding any eligible exclusions from Section 301 tariffs, we would note that those determinations will be made independently of the tariff classification ruling.  For further information on admissibility and exclusions, please contact your assigned Customs Center of Excellence & Expertise office prior to importation of the goods. 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