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NY J87893

August 13, 2003

CLA-2-85:RR:NC:N1:113 J87893


TARIFF NO.: 8501.10.4040

Mr. Craig Schau
Menlo Worldwide Trade Services
6940 Engle Road
Suite A
Middleburg Heights, OH 44130

RE: The tariff classification of a damper actuator component from Indonesia.

Dear Mr. Schau:

In your letter dated August 5, 2003, you requested a ruling on behalf of Sankyo Seiki America, Inc. on tariff classification.

The sample you provided is a damper actuator component, model 159A233A. The component will be part of a refrigerator damper unit to control the flow of cold air inside the refrigerator. The component consists of a .45 W motor with gearing in a square plastic housing. The motor has a three-wire plug for connection to a control PCB.

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

Articles classifiable under subheading 8501.10.4040, HTS, which are products of Indonesia are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).

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 646-733-3018.


Robert B. Swierupski

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