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NY F84702

April 12, 2000

CLA-2-85:RR:NC:N1:113 F84702


TARIFF NO.: 8501.10.4040; 8503.00.7500; 8538.90.6000

Mr. Paul Vroman
AEI Customs Brokerage Services
2555 20th Street
Port Huron, Michigan 48060

RE: The tariff classification of a motor and parts from Germany

Dear Mr. Vroman:

In your letter dated March 17, 2000, on behalf of IMS Connector Systems, you requested a tariff classification ruling.

The samples you provided are the AGK 2771 DC Vibrator Motor and its parts. The parts are the AGK 2769 Pos. #01 Housing, the AGK 2769 Pos. #2 Spring Tribor Contact and the AGK 2809 Rubber Grommet. The motor is 1 mm. long with a small counter weight on one end and an electrical connector on the other. We assume from your letter that it has an output of less than 18.65 Watts.

The applicable subheading for the motor will be 8501.10.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for electrical motors, motors of an output not exceeding 37.5 W, of under 18.65 W. other, DC, brushless. The rate of duty will be 4.4 percent ad valorem.

You mentioned in a telephone conversation that Part AGK 2809, identified on the specification as a rubber grommet, is made from santoprene, a thermoplastic elastomer. Note 4(a) to Chapter 40 of the Harmonized Tariff Schedule of the United States defines the term “synthetic rubber” as applying to unsaturated synthetic substances which can be irreversibly transformed by vulcanization with sulfur into non-thermoplastic substances which, at a temperature between 18 and 29 degrees Celsius, will not break on being extended to three times their original length and will return, after being extended to twice their original length, within a period of 5 minutes, to a length not greater than 1 ½ times their original length. Though some formulations of santoprene may meet this definition of synthetic rubber, most do not. Those that do not meet the definition are considered to be of plastics.

In the absence of appropriately formulated dumbbell specimens and verification that those specimens meet the required tests for elongation and recovery, classification of the santoprene part will be based on the premise that it does not meet the tariff definition of synthetic rubber.

The applicable subheading for the grommet will be 8503.00.7500, Harmonized Tariff Schedule of the United States (HTS), which provides for parts, other, for motors of under 18.65 W. The rate of duty will be 6.5 percent ad valorem.

The spring tribor contact is a small electrical contact. The housing is the holder for the electrical conductors.

The applicable subheading for the spring tribor contact and the housing will be 8538.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for Parts suitable for use solely or principally with [electrical apparatus for switching or protecting or making connections to or in electrical circuits . . . and . . . numerical control apparatus]: Other: Other: Molded parts. The rate of duty will be 3.5 percent ad valorem.

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 James Smyth at 212-637-7008.


Robert B. Swierupski

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