HQ 087433: Actuator With Planetary Roller Screw; Unfinished Lifting Mechanism; Casting Machine Part; Electric Motor; 852660 Revoked

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                           HQ 087433

                                           NOV 13 1990

            CLA-2:CO:R:C:G   087433 JAS

            CATEGORY:   Classification

            TARIFF NO.: 8428.90.0090, HTSUSA

            John A. Slagle
            Wolf D. Barth Co., Inc.
            7575 Holstein Avenue
            Philadelphia, Pa. 19153

            RE:  Actuator With Planetary Roller Screw; Unfinished
                 Lifting Mechanism; Casting Machine Part; Electric Motor;
                 852660 Revoked

            Dear Mr. Slagle:

                 In your letter of June 19, 1990, on behalf of SKF U.S.A.,
            Inc., Bethlehem, Pa., you request reconsideration of a ruling
            from our New York office on the tariff status of a screw-type
            lifting device from France.  Our ruling follows.

            FACTS:

                 Linear actuators, sometimes called linear induction
            motors, consist of the motor and an actuating device which
            converts mechanical power produced by the motor into linear
            motion.  The article in question consists of the actuating
            device and a planetary roller screw capable of a lift of 320 kN
            at 30 mm per second, all in the same housing.  This importation
            will be minus the motor.

                 Devices of this type are used in a continuous steel
            casting machine to raise the tundish or ladle in the vertical
            plane.  This permits insertion of a ceramic tube through which
            molten steel will run from the tundish to the mold below.  Use
            of the tube not only eliminates splashing but contact with the
            atmosphere which causes damaging oxidation.  Four actuators are
            positioned vertically with the base plate of each bolted to the
            floor.  The planetary roller screw of each device is mounted to
            a corner of the tundish and receives power from the actuator's
            motor, thus raising the tundish.

                 In a ruling to you dated June 1, 1990 (852660), the Area
            Director of Customs, New York Seaport, held that the actuator,
            imported without motor, was classifiable in subheading











                                       - 2 -

            8503.00.6020, Harmonized Tariff Schedule of the United States
            Annotated (HTSUSA), parts suitable for use solely or
            principally with machines of heading 8501 or 8502.  Electric
            motors are provided for in heading 8501.  You point out that
            casting machines and their parts are provided for in heading
            8454.

            ISSUE:

                 Whether the article incorporating an actuating device and
            roller screw, but minus the motor, is (1) parts of motors of
            heading 8501, parts of casting machines of heading 8454, or (3)
            lifting machinery of heading 8428.

            LAW AND ANALYSIS:

                 Merchandise is classifiable under the Harmonized Tariff
            Schedule of the United States Annotated (HTSUSA) in accordance
            with the General Rules of Interpretation (GRIs).  GRI 1 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 and, provided the headings or
            notes do not require otherwise, according to GRIs 2 through 6.
            GRI 2(a) states in part that any reference in a heading shall
            be taken to include a reference to that article incomplete or
            unfinished, provided that, as entered, the incomplete or
            unfinished article has the essential character of the complete
            or finished article.

                 Subject to certain exceptions parts which are goods
            included in any of the headings of chapters 84 and 85 are in
            all cases to be classified in their respective headings; other
            parts, if suitable for use solely or principally with a
            particular kind of machine, or with a number of machines of the
            same heading, are to be classified with the machines of that
            kind.  See Section XVI, Note 2, HTSUSA.

                 As to whether a composite article consisting of an
            actuating device and planetary roller screw is unfinished
            lifting machinery of heading 8428, the factor which determines
            essential character necessarily varies with the goods.  The
            nature of the import or its role in relation to the use of the
            completed article are often factors to be considered.  Noting
            the presence of the planetary roller screw, we conclude that
            the imported device has the aggregate of distinctive component
            parts that establish its identity as a lifting device of
            heading 8428.  Lifting or handling devices of this heading are
            often used with furnaces, converters, rolling mills, etc., for
            example, machines for manipulating doors, covers or hearths.
            Tipping or tilting machines are among the types covered.
            Noting section XVI, note 2, HTSUSA, it is unnecessary to











                                       - 3 -

            determine whether the article in issue is a part for tariff
            purposes.  In reaching this conclusion we note that jacks of
            heading 8425 are devices designed to raise heavy loads through
            short distances.  Screw jacks in which the screw is raised by
            rotation or by rotating a nut fixed in the jack base are among
            the types covered by heading 8425.  However, heading 8425
            designates a class of articles eo nomine, by specific name,
            usually one well known to commerce.  Because there is no
            indication that the device here is commercially known in the
            trade as a jack, classification in heading 8425 is
            undocumented.

            HOLDING:

                 Under the authority of GRI 2(a), HTSUSA, the imported
            article consisting of an actuating device and planetary roller
            screw, both in the same housing with base plate, has the
            essential character of lifting machinery of heading 8428.
            Actual classification is in subheading 8428.90.0090, other
            lifting machinery. The rate of duty is 2 percent ad valorem.

            EFFECT ON OTHER RULINGS:

                 New York ruling to you dated June 1, 1990 (852660), is
            superseded by this ruling and is therefore revoked.  See
            section 177.9(d), Customs Regulations.


                                        Sincerely,



                                        John Durant, Director
                                        Commercial Rulings Division