N316722

N316722 January 8, 2021 CLA-2-85:OT:RR:NC:N2:220 CATEGORY: Classification TARIFF NO.: 8501.31.4000 Charles Kiboi Maxim Integrated Products 14675 Dallas Parkway Dallas, TX 75254 RE: The tariff classification of a stepper motor from Germany Dear Mr. Kiboi: In your letter dated January 4, 2021 you requested a tariff classification ruling. The merchandise under consideration is identified as the Smart Stepper Motor, (motor), PN PD42-x-1240, which is described as a compact stepper motor with an integrated controller printed circuit board assembly (PCBA). The PCBA, which is attached to the rear of the motor housing, provides the speed/direction control of the motor, encoder functions, and on-board communication via CAN, USB, or RS485 interface. Based on the specifications provided, the motor is rated at 30 VDC at 3.1 A for a peak output of 93 W and is used in a variety of industrial applications, such as factory automation, robotics, etc. In your request, you suggest the motor is properly classified under subheading 8501.10.4060, Harmonized Tariff Schedule of the United States (HTSUS). In the alternative, when considering the function of the PCBA, you question whether subheading 8537.10.9170, HTSUS, is an appropriate classification. We disagree with both suggestions. The subject motor is fully functional at the time of importation. The PCBA serves to control the operation of the motor. That the motor and PCBA are combined here does not change the circumstances that the PCBA is a complementary component to the motor. In addition, we would note that the presence of the PCBA does not enhance or alter the motor beyond the scope of heading 8501, HTSUS. For example, in HQ 086832, CBP classified a motor used with automatic data processing machines (ADP), whereby a spindle motor served as the platform for mounting memory discs which stored data in hard drives. We noted in that ruling that although those spindle motors were designed for use with units of ADP, they are specifically provided for in heading 8501, HTSUS, as electric motors. Similarly, in Nidec Corporation v. United States, 861 F. Supp. 136, (Ct. Int’l Trade 1994), aff'd. 68 F. 3d 1333 (Fed. Cir. 1995), the Court of International Trade (CIT) classified an electric actuating motor and denying arguments that the presence of additional components made the goods something more than an electric motor. There, the Court found that "the essence of the goods was still that of a motor, not of a spindle," thus precluding classification as something more than an electric motor. This position was further reinforced in Belimo Automation A.G. v. United States, 774 F. 3d 1362 (Fed. Cir. 2014), where the Federal Circuit affirmed the CIT’s underlying decision where the CIT stated, “[h]eading 8501 is an eo nomine provision, meaning that it includes “all forms” of ‘electric motors’, even those equipped with additional components, absent limiting language or contrary legislative intent.” Belimo Automation A.G. v. United States, 35 Int’l Trade Rep. (BNA) 2319, Slip Op 13-144 * 14 (Ct. Int’l Trade Nov. 26, 2014). The CIT noted that the additional components contributed to expanded functionalities beyond those of a basic electric motor. “However, these functions are complementary to the functions of the electric motor such that even with the [additional components] the subject imports serve the same principal function;” that of an electric motor. Based on the foregoing, it is the opinion of this office that the subject stepper motor, with combined controller PCBA, is considered an electric motor for classification purposes. This is in concurrence with Note 3 to Section 16, HTSUS, where we are instructed to classify machines in accordance with their principal function. The applicable subheading for the Smart Stepper Motor, PN PD42-x-1240 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 general 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 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