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NY N018576

November 7, 2007



TARIFF NO.: 8501.40.4020

Joseph R. Hoffacker
Barthco International Inc.
5101 S. Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of an Electric Actuator (Part #G6186Z-080U000-01) from China

Dear Mr. Hoffacker:

In your letter dated October 12, 2007 on behalf of SKF Motion Technologies, you requested a tariff classification ruling.

The item concerned is an electric actuator. The actuator consists of a single phase motor with an output of 115 watts, gearing, an internal screw and push rod. Varying amounts of voltage are used to operate the electric motor, which turns the screw and moves the push rod in and out of the actuator housing. The actuator has been specially designed for use only in the Stryker Secure II Medical/Surgical hospital bed.

You proposed classification under subheading 9402.90, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Medical, surgical, dental or veterinary furniture: Other. As per Section XVI, General Note 2 (a) “Parts which are goods included in any of the headings of Chapter 84 or 85 (other than headings 84.09, 84.31, 84.48, 84.66, 84.73, 84.87, 85.03, 85.22, 85.29, 85.38 and 85.48) are in all cases to be classified in their respective headings. Actuators are provided for in Chapter 85, therefore subheading 9402.90 would not apply.

The applicable subheading for the actuator will be 8501.40.4020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electric motors and generators: Other AC motors, single-phase: Of an output exceeding 74.6 W but not exceeding 735: Gear motors”. The rate of duty will be 4%.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Steve Pollichino at 646-733-3008.


Robert B. Swierupski

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