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NY 859751

Feb. 11, 1991

CLA-2-84:S:N:N1:103 859751


TARIFF NO.: 8479.81.0000; 8537.10.0070; 8479.89.9090; 8428.33.0000

Mr. Scott A. Cohn
Grunfeld, Desiderio, Lebowitz & Silverman 12 East 49th Street
New York, N.Y. 10017

RE: The tariff classification of armature and stator manufacturing machines from Italy

Dear Mr. Cohn:

In your letter dated January 21, 1991 on behalf of Axis USA, Inc. you requested a tariff classification ruling.

This request represents one of several ruling requests you have submitted covering the importation of various machines for the manufacture of armatures and stators. The armatures and stators made by this equipment will be used as components of electric motors for small household appliances, power tools, and automobile DC motors.

Armatures basically consist of coils of wire wound around an iron core. They are produced by assembling metal laminations, or stacks, into a cylindrical shape and then inserting a shaft into slots in the stacks. A commutator, consisting of a molded plastic ring surrounded by a copper shell, is then placed onto the end of the shaft, and wires are wound around the shaft and fused to the commutator. During this process insulating materials are inserted at various stages so as to protect the armature components and wires, and the wires are coated with a resin to protect them from dirt and wear. Finally, the electrical connections in each completed armature are tested. The armatures are transported on metal pallets along a conveyor system from machine to machine as the assembly process occurs. Stators, which are stationary parts of a motor about which a rotor revolves, are produced in much the same fashion.

You inquired about the following specific machines:

1. Models DAW or MAW automatic armature winders - these machines utilize winding arms to wind an insulated copper wire around the armature shaft on the inside of the stack slots and hook the wire to tangs located on the commutator ring at the end of the armature shaft.

2. Model ETD electronic wire tensioner - an electronic device which may be fitted to an armature winding machine to control the tension of the copper wire during the winding process. Wire tension is regulated by means of an angular position indicator and an electromagnetic brake.

3. Model WIM armature wedge inserting machine - a machine used to mechanically insert a protective paper wedge over the exposed portion of the insulated copper wire which has been wound around an armature shaft.

4. Model FPM fan placing machine - a machine used to press a fan blade onto the end of the armature shaft in order to cool the motor in which the armature will be used.

5. Conveyor systems and pallets - belt conveyors used to move a specific number of individual pallets, each holding an armature or stator, from machine to machine. The metal pallets, which are specially tooled to accommodate a particular armature or stator, will be imported with the conveyor. The pallets are lifted from the conveyor onto several of the armature and stator assembly machines for the purpose of processing the armatures and stators carried on the pallets. Also, the pallets contain mechanical or magnetic memory devices which enable status data to be encoded and retrieved by the assembly machines.

Control panels for each machine described above may also be imported with the particular machine.

The applicable subheading for the Model DAW and Model MAW automatic armature winders, and the Model WIM armature wedge inserting machine, will be 8479.81.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other machines and mechanical appliances for treating metal, including electric wire coil-winders. The rate of duty will be 3.7 percent ad valorem.

The applicable subheading for the Model ETD electronic wire tensioner will be 8537.10.0070, HTS, which provides for other boards, panels (including numerical control panels), consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity, including those incorporating instruments or apparatus of chapter 90, other than switching apparatus of heading 8517, for a voltage not exceeding 1000 volts: other. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the Model FPM fan placing machine will be 8479.89.9090, HTS, which provides for other machines and mechanical appliances having individual functions, not specified or included elsewhere: other. The rate of duty will be 3.7 percent ad valorem.

Finally, the applicable subheading for the functional unit formed by the conveyor system and its special pallets will be 8428.33.0000, HTS, which provides for other belt type continuous- action conveyors, for goods or materials. The rate of duty will be 2 percent ad valorem.

A control panel imported together with the machine it will control will be classified in the same subheading as the machine. The above merchandise is not subject to any Voluntary Restraint Agreements or visa requirements.

In a supplemental letter dated January 31, 1991 you also inquired about disassembled machines and parts. In the absence of specific information, we are unable to provide you with a ruling on these matters. However, for your information, a particular heading for a machine includes such a machine in a disassembled state, per General Rule of Interpretation 2(a). If the importation does not contain all the components of the disassembled machine, it will still be classified in the heading for the complete machine provided it has the essential character of the complete machine. Parts of machines, including spare parts, which are not goods provided for in any of the other headings of chapters 84 or 85, nor excluded from chapters 84 or 85, will be classified in the same heading as the machine of which they are a part provided they are solely or principally used with such machine (see Notes 1 and 2 of section XVI, Note 1 of chapter 84, and Note 1 of chapter 85, HTS). This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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