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NY L87605

November 15, 2005

CLA-2-85:RR:NC:N1:112 L87605


TARIFF NO.: 8501.51.4040

Tim Allwine
Import Manager,
Schenker, Inc.
Indianapolis Branch
2375 Hadley Road
Plainfield, IN 46168-7482

RE: The tariff classification of an elevator traction machine from China

Dear Mr. Allwine,

In your letter dated October 7, 2005, you requested a tariff classification ruling on behalf of Otis Elevator Company of Bloomington, Indiana.

The item concerned is the Gearless Elevator Traction Machine. It is comprised of a three-phase, permanent magnet, AC motor; brakes and an electronic encoder.

The purpose of the item is to hoist and lower an elevator, to stop and hold an elevator and to provide electronic feedback to an elevator’s controller.

In you letter, you proposed classification of the Gearless Elevator Traction Machine in subheading 8431.31.0060 of the Harmonized Tariff Schedule of the United States (HTS) which provides for “Parts suitable for use solely or principally with the machinery of [heading 8428]”, which includes elevators.

Classification of goods in the Harmonized Tariff Schedule of the United States (HTS) is governed by the General Rules of Interpretation (GRIs). GRI 1. states “ ... classification shall be determined according to the terms of the headings and any relative section .. notes ... “. Section XVI (which encompasses Chapter 85) Note 3. states “Where a machine ... consists of individual components ... intended to contribute together to a clearly defined function ... then the whole falls to be classified in the heading appropriate to that function.”.

The Explanatory Notes (ENs) to the Harmonized Commodity Description and Coding System, which represent the official interpretation of the tariff at the international level, facilitate classification under the HTS by offering guidance in understanding the scope of the headings and the GRIs. EN (VI) to Section XVI of the HTS states “Composite machines consisting of two or more machines .. of different kinds, fitted together to form a whole, consecutively or simultaneously performing separate functions which are generally complementary ... are also classified according to the principal function ... .”.

The principal function of the Gearless Elevator Traction Machine is to hoist and lower an elevator. This function is propelled by the motor.

Note 2. (a) to Section XVI of the HTS states “Parts, which are goods included in any of the headings of Chapter ... 85 ... are in all cases to be classified in their respective headings.”.

Heading 8501 of the HTS provides for “Electric motors ... “.

General Note 3. (h) (vi) states, “ ... a reference to “headings” encompasses subheadings indented thereunder.”.

The applicable subheading for the Gearless Elevator Traction Machine will be 8501.51.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electric motors ... : Other AC motors, multi-phase: Of an output not exceeding 750 W: Exceeding 74.6 W but not exceeding 735 W: Other. The rate of duty will be 2.5%.

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 Richard Laman at 646-733-3017.


Robert B. Swierupski

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