The tariff classification of screw jack linear actuators from Taiwan

NY 895123 March 18, 1994 CLA-2-85:S:N:N1:103 895123 CATEGORY: Classification TARIFF NO.: 8501.10.4060 Mr. Damon V. Pike Deloitte & Touche Suite 103 1003 Virginia Avenue Atlanta, GA 30354 RE: The tariff classification of screw jack linear actuators from Taiwan Dear Mr. Pike: In your letter dated February 17, 1993 on behalf of Pro Brand International, Inc., you requested a tariff classification ruling. SuperJack series screw jack linear actuators are composed of a gear box, an acme or ball screw tube (inner and outer sections), a sensor and a DC motor. The electric motor rotates the screw, causing the inner tube to retract or extend by means of a nut which rides on the screw. SuperJack actuators have stroke lengths which vary from 6 to 52 inches, depending on the particular model, and those with an 18 inch stroke have a maximum power output of approximately 2 watts. Literature submitted with your inquiry indicates that the actuators are typically used to position satellite reception dish antennas, although you claim they can also be used to tilt containers, adjust hospital beds and lift trailers. You contend that these screw jack linear actuators should be classified in subheading 8425.49.00, Harmonized Tariff Schedule of the United States (HTS), an eo nomine provision for other jacks. You cite product specifications, diagrams, and information regarding jack screws from the McGraw-Hill Encyclopedia of Science and Technology and The World Book Encyclopedia to support your position. You also mention Ruling Letter HQ 087433 of November 13, 1990, although this ruled that an actuator with a planetary roller screw used to raise a tundish or ladle in a continuous steel casting machine was classifiable as other lifting machinery in subheading 8428.90.00, HTS, rather than in subheading 8425.49.00. In Ruling Letter HQ 955037 dated February 15, 1994 the Customs Service held that motorized linear actuators used to position satellite dish antennas, and consisting of a screw driven jack mechanism, a gear box, a DC electric motor, and a sensor device to control movement of the jack mechanism were properly classifiable in heading 8501, HTS, which provides for electric motors. This ruling specifically stated that such motorized linear actuators were not jacks, were not designed to raise heavy loads through short distances, and were not similar to the actuator which was the subject of Ruling Letter HQ 087433. A copy of Ruling Letter HQ 955037 is attached for your information. Accordingly, the applicable subheading for the SuperJack series screw jack linear actuators described above will be 8501.10.4060, HTS, which provides for electric motors of an output not exceeding 37.5 W: of under 18.65 W: other: DC: other. The rate of duty will be 6.6 percent ad valorem. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, Jean F. Maguire Area Director New York Seaport