The tariff classification of a motor actuator from China

N309007 February 4, 2020 CLA-2-85:OT:RR:NC:N2:220 CATEGORY: Classification TARIFF NO.: 8501.31.4000; 9903.88.02 Daniel Cannistra Crowell & Moring LLP 1001 Pennsylvania Avenue NW Washington, DC 20004 RE: The tariff classification of a motor actuator from China Dear Mr. Cannistra: In your letter dated January 15, 2020 you requested a tariff classification ruling on behalf of your client, Mando America Corporation. The merchandise under consideration is referred to as the motor actuator assembly, which consists of an electric motor mounted within a plastic housing containing actuator components that comprise the gearbox, such as the bearing, gears, and the shaft. The electric motor is stated to be a 12 V DC motor with an output rating of 100 watts. In your request, you suggest the subject actuator is correctly classified under subheading 8501.31.4000, Harmonized Tariff Schedule of the United States (HTSUS). We agree. The applicable subheading for the motor actuator assembly will be 8501.31.4000, 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 genera rate of duty will be 4%. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8501.31.4000, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty.  At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.02, in addition to subheading 8501.31.4000, HTSUS, listed above.   The articles in question may be eligible for an exclusion from the Section 301 tariffs, however, that determination will be made independently of the tariff classification ruling. For further information on admissibility, please contact your assigned Customs Center of Excellence & Expertise office prior to importation of the goods. The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading.  For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at: https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions https://www.cbp.gov/trade/remedies/301-certain-products-china 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 the World Wide Web at https://hts.usitc.gov/current. 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 Karl Moosbrugger at karl.moosbrugger@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division