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HQ 953365

March 2, 1993

CLA-2 CO:R:C:M 953365 DWS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8501.10.40

District Director
U.S. Customs Service
300 South Perry Street
Room 2017
Terminal Island
San Pedro, CA 90731

RE: Protest No. 2704-93-100147; Gear Motor; Explanatory Note 85.01(1)(A); HQ 952500; 8432.80.00

Dear Sir:

This is our response on Application for Further Review on Protest No. 2704-93-100147, dated January 15, 1993, concerning your action in classifying and assessing duty on gear motors under the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The merchandise consists of gear motors. The gear motor is comprised of a .09 kW motor which is attached to a double reduction gear box. Specifically, the gear box is a 1500:1 reduction gear box, providing a final output of 1 rpm, with 1600 inch pounds of torque. The gear motor is used in the greenhouse agriculture industry to proportionally open and close roof vents and side wall vents of greenhouse structures.

ISSUE:

What is the proper classification of the gear motor under the HTSUS?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification is determined according to the terms of the headings and any relative section or chapter notes.

The merchandise was entered under subheading 8432.80.00, HTSUS, which provides for: "[a]gricultural, horticultural or forestry machinery for soil preparation or cultivation; lawn or sports ground rollers; parts thereof: [o]ther machinery." However, the entry was liquidated under subheading 8501.10.40, HTSUS, which provides for: "[e]lectric motors and generators (excluding generator sets): [m]otors of an output not exceeding 37.5 W: [o]f under 18.65 W: [o]ther."

In understanding the language of the HTSUS, the Harmonized Commodity Description and Coding System Explanatory Notes may be utilized. The Explanatory Notes, although not dispositive, are to be used to determine the proper interpretation of the HTSUS. 54 Fed. Reg. 35127, 35128 (August 23, 1989). In part, Explanatory Note 85.01(I)(A) (p. 1334) states that:

[m]otors remain classified here even when they are equipped with pulleys, with gears or gear boxes, or with a flexible shaft for operating hand tools. . .

Consequently, under Explanatory Note 85.01(I)(A), the gear motor, comprised of a motor attached to a gear box, is classifiable under subheading 8501.10.40, HTSUS. See HQ 952500, dated October 16, 1992.

HOLDING:

The gear motor is classifiable under subheading 8501.10.40, HTSUS, which provides for: "[e]lectric motors and generators (excluding generator sets): [m]otors of an output not exceeding 37.5 W: [o]f under 18.65 W: [o]ther."

The protest should be denied in full. A copy of this decision should be attached to the Customs Form 19 and provided to the protestant as part of the action on the protest.

Sincerely,

John Durant, Director

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