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HQ 087433

NOV 13 1990

CLA-2:CO:R:C:G 087433 JAS


TARIFF NO.: 8428.90.0090, HTSUSA

John A. Slagle
Wolf D. Barth Co., Inc.
7575 Holstein Avenue
Philadelphia, Pa. 19153

RE: Actuator With Planetary Roller Screw; Unfinished Lifting Mechanism; Casting Machine Part; Electric Motor; 852660 Revoked

Dear Mr. Slagle:

In your letter of June 19, 1990, on behalf of SKF U.S.A., Inc., Bethlehem, Pa., you request reconsideration of a ruling from our New York office on the tariff status of a screw-type lifting device from France. Our ruling follows.


Linear actuators, sometimes called linear induction motors, consist of the motor and an actuating device which converts mechanical power produced by the motor into linear motion. The article in question consists of the actuating device and a planetary roller screw capable of a lift of 320 kN at 30 mm per second, all in the same housing. This importation will be minus the motor.

Devices of this type are used in a continuous steel casting machine to raise the tundish or ladle in the vertical plane. This permits insertion of a ceramic tube through which molten steel will run from the tundish to the mold below. Use of the tube not only eliminates splashing but contact with the atmosphere which causes damaging oxidation. Four actuators are positioned vertically with the base plate of each bolted to the floor. The planetary roller screw of each device is mounted to a corner of the tundish and receives power from the actuator's motor, thus raising the tundish.

In a ruling to you dated June 1, 1990 (852660), the Area Director of Customs, New York Seaport, held that the actuator, imported without motor, was classifiable in subheading

8503.00.6020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), parts suitable for use solely or principally with machines of heading 8501 or 8502. Electric motors are provided for in heading 8501. You point out that casting machines and their parts are provided for in heading 8454.


Whether the article incorporating an actuating device and roller screw, but minus the motor, is (1) parts of motors of heading 8501, parts of casting machines of heading 8454, or (3) lifting machinery of heading 8428.


Merchandise is classifiable under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) in accordance with the General Rules of Interpretation (GRIs). GRI 1 states in part that for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes and, provided the headings or notes do not require otherwise, according to GRIs 2 through 6. GRI 2(a) states in part that any reference in a heading shall be taken to include a reference to that article incomplete or unfinished, provided that, as entered, the incomplete or unfinished article has the essential character of the complete or finished article.

Subject to certain exceptions parts which are goods included in any of the headings of chapters 84 and 85 are in all cases to be classified in their respective headings; other parts, if suitable for use solely or principally with a particular kind of machine, or with a number of machines of the same heading, are to be classified with the machines of that kind. See Section XVI, Note 2, HTSUSA.

As to whether a composite article consisting of an actuating device and planetary roller screw is unfinished lifting machinery of heading 8428, the factor which determines essential character necessarily varies with the goods. The nature of the import or its role in relation to the use of the completed article are often factors to be considered. Noting the presence of the planetary roller screw, we conclude that the imported device has the aggregate of distinctive component parts that establish its identity as a lifting device of heading 8428. Lifting or handling devices of this heading are often used with furnaces, converters, rolling mills, etc., for example, machines for manipulating doors, covers or hearths. Tipping or tilting machines are among the types covered. Noting section XVI, note 2, HTSUSA, it is unnecessary to
determine whether the article in issue is a part for tariff purposes. In reaching this conclusion we note that jacks of heading 8425 are devices designed to raise heavy loads through short distances. Screw jacks in which the screw is raised by rotation or by rotating a nut fixed in the jack base are among the types covered by heading 8425. However, heading 8425 designates a class of articles eo nomine, by specific name, usually one well known to commerce. Because there is no indication that the device here is commercially known in the trade as a jack, classification in heading 8425 is undocumented.


Under the authority of GRI 2(a), HTSUSA, the imported article consisting of an actuating device and planetary roller screw, both in the same housing with base plate, has the essential character of lifting machinery of heading 8428. Actual classification is in subheading 8428.90.0090, other lifting machinery. The rate of duty is 2 percent ad valorem.


New York ruling to you dated June 1, 1990 (852660), is superseded by this ruling and is therefore revoked. See section 177.9(d), Customs Regulations.


John Durant, Director
Commercial Rulings Division

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