The tariff classification of a motorized gas engine starter from China

N241541 May 17, 2013 CLA-2-85:OT:RR:NC:N1:112 CATEGORY: Classification TARIFF NO.: 8501.31.4000 Amy F. Gomez Customs Compliance Manager MTD Southwest Inc. 67 E. Baffert Drive, No. 1 Nogales, AZ 85621 RE: The tariff classification of a motorized gas engine starter from China Dear Ms.Gomez: In your letter dated February 20, 2013, you requested a tariff classification ruling. The merchandise in question is known as the JumpStart. It is an electric motorized device used to start various gas powered lawn and garden equipment such as weed trimmers, leaf blowers, etc. This item is a cordless, hand-held cylindrical device measuring 9 ¼ inches in length and 10 ½ inches in diameter. The JumpStart is a battery-operated, DC electric motor coupled to a gearbox with a 12:1 ratio. The gear box incorporates a drive shaft that protrudes out from the housing of the gear box. The end of the drive shaft is pentagon shaped. This device is powered by an internal 12 volt lithium ion rechargeable battery. In use, the pentagon shaped drive shaft of the JumpStart would be inserted into a pentagon shaped socket on a gas powered lawn or garden tool. When activated the JumpStart’s drive shaft would rotate an engine starter located within the lawn or garden equipment. Once the gas engine of the lawn or garden tool has been started, the JumpStart is removed and recharged. It is blister packaged with the charger for retail sale. In your letter, you suggest classifying this item in subheading 8467.29.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Tools for working in the hand, pneumatic, hydraulic or with self-contained electric or nonelectric motor, and parts thereof: With self-contained electric motor: Other … Other”. The classification of merchandise under the HTSUS is governed by the General Rules of Interpretation (“GRI”). GRI 1, HTSUS, states, in part, that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes....” In understanding the language of the headings of the HTSUS, the Harmonized Commodity Description and Coding System (“HCDCS”) Explanatory Notes (“ENs”) may be utilized. The ENs, although not dispositive, are to be used to determine the proper interpretation of the HTSUS. See, T.D. 89-80, 54 Fed. Reg. General EN (A) to Chapter 84 describes the scope of the chapter as covering machinery and mechanical apparatus, while Chapter 85 covers electrical goods. While the EN also states that Chapter 84 does cover certain non-mechanical apparatus such as steam generating boilers, the powered tools for working in the hand of heading 8467 perform mechanical rather than electrical functions. Notwithstanding the fact that the Jumpstart is held in the hand while being operated, it is not of the class or kind of "tool for working in the hand" classifiable under heading 8467, HTSUS. EN 84.67 states, in part, that “The tools of this heading include tools for working various materials, and are used in various industries”. EN 84.67 lists various tools which are classifiable under heading 84.67, HTS, such as drills, chain saws and trimmers. The Jumpstart is not similar to the exemplars listed in EN 84.67, HTS. A chuck is used to temporarily couple the drive shaft of the JumpStart to the engine starter located within the gas-powered lawn or garden equipment. The rotary motion produced by the JumpStart’s drive shaft causes the chuck to spin the equipment’s engine starter. This rotary action provides power. The JumpStart is not “working” any material. Rather, it transforms electrical energy into mechanical power. Accordingly, the Jumpstart is not classifiable under subheading 8467.29.0090, HTSUS. The applicable subheading for the JumpStart will be 8501.31.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Electric motors…: Other DC motors…: Of an output not exceeding 750W: Motors: Exceeding 74.6 W but not exceeding 735 W." 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 the National Import Specialist at (646) 733-3008. Sincerely, Thomas J. Russo Director National Commodity Specialist Division