The tariff classification of an actuator, power drive unit and locking unit from the United Kingdom or France

NY R02284 August 17, 2005 CLA-2-85:RR:NC:N1:112 R02284 CATEGORY: Classification TARIFF NO.: 8501.10.4060; 8428.90.0090; 8505.90.8000 Russ Ledbetter Import/Export Compliance Officer, Goodrich Corporation 4115 Corporate Center Drive Monroe, NC 28110-1313 RE: The tariff classification of an actuator, power drive unit and locking unit from the United Kingdom or France Dear Mr. Ledbetter, In your letter dated July 19, 2005, you requested a tariff classification ruling. The first item concerned is the Lucas Type Linear Trim Actuator (Part # AL00102). It contains a 28 Volt (approx. 16 Watt), DC motor with brushes, a permanent magnet, gears, an actuating screw and switch and is enclosed in an aluminum alloy cover. 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 ... “. 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 85.01 (I) lists “ ... actuators ... “ as belonging under HTS heading 8501 which provides for “Electric motors ... “. General Note 3. (h) (vi) states, “ ... a reference to “headings” encompasses subheadings indented thereunder.”. The applicable subheading for the Lucas Type Linear Trim Actuator (Part # AL00102) will be 8501.10.4060, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electric motors ... : Motors of an output not exceeding 37.5 W: Of under 18.65 W: Other: DC: Other”. The rate of duty will be 4.4%. The second item is the Short Base Self Lift Power Drive Unit (Part # 43100-12). It is an electrical, motor-driven assembly comprised of controller, harness, rollers, gears and brake. The purpose of the Drive Unit is to facilitate the movement of containers in and out of an aircraft cargo bay. GRI 1. states, “ ... classification shall be determined according to the terms of the headings ... “. HTS heading 8428 provides for “Other lifting, handling, loading or unloading machinery”. General Note 3. (h) (vi) states, “ ... a reference to “headings” encompasses subheadings indented thereunder.”. The applicable subheading for the Short Base Self Lift Power Drive Unit (Part # 43100-12) will be 8428.90.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other lifting, handling, loading or unloading machinery: Other machinery: Other”. The rate of duty will be Free. The last item is the Tertiary Lock (Part # TY2560-01A). It is an electrically-operated, solenoid-driven, hook-lock assembly which can also be manually unlocked. The purpose of the Lock is to prevent the inadvertent operation of the Thrust Reverser Actuator and allow its purposeful operation through locking and unlocking the pivot-door of the Actuator. GRI 3. (b) states, “ ... goods ... made up of different components ... shall be classified as if they consisted of the ... component which gives them their essential character ... “. When not operated electrically, the Tertiary Lock acts as a simple hook-lock for the pivot-door of the Thrust Reverser Actuator. When in electrical operation, the Lock unlocks the pivot-door and allows the operation of the Thrust Reversers; the component of the Lock which powers this operation is the solenoid, therefore the solenoid provides the essential character of the Tertiary Lock. The applicable subheading for the Tertiary Lock (Part # TY2560-01A) will be 8505.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electromagnets ... : Other ... : Other”. The rate of duty will be 1.3%. 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 Lucas Type Linear Trim Actuator, contact National Import Specialist Richard Laman at 646-733-3017; if you have any questions regarding the Short Base Self Lift Power Drive Unit, contact National Import Specialist Patrick Wholey at 646-733-3013 and, if you have any questions regarding the Tertiary Lock, contact National Import Specialist Linda Hackett at 646-733-3015. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division