HQ 088726

May 29, 1991

CLA-2 CO:R:C:M 088726 JMH

CATEGORY: Classification

TARIFF NO.: 8501.10.40

District Director

U.S. Customs Service

4735 Oakland St.

P.O. Box 390335

Denver, CO 80239-0335

RE: Protest and Request for Further Review (\"PFR\") 3307-90-

100054, dated September 28, 1990; PFR 3307-90-100055, dated

October 15, 1990; PFR 3307-90-100056, dated October 15,

1990; PFR 3307-90-100057, dated October 15, 1990; servos

used in remote control airplanes; electric motors; remote

control apparatus; Section XVI, Note 2; Section XVI, Note 5;

Chapter 95, Note l(m); Headquarters Ruling 086832, dated May

21, 1990; condition at time of entry

Dear Sir:

This is in response to Protest and Request for Further

Review (\"PFR\") 3307-90-100054, dated September 28, 1990; PFR

3307-90-100055, dated October 15, 1990; PFR 3307-90-100056,

dated October 15, 1990; and PFR 3307-90-100057, dated October

15, 1990; which concern certain servos used in remote control

airplanes. Our decision follows.

FACTS:

The articles in question are replacement servos for use in

model airplanes. Servos are the part of the model airplane

which actuate the devices which control the speed and direction

of the airplane\'s flight. Servos translate signals from a

receiver into rotational movement of disks attached to the servo

tops (servo arms). Usually, there are four servos per airplane,

one which operates the rudder, one for the elevator, one for the

aileron, and one for the engine throttle. The number of servos

which a system has is dependent upon the number of channels in

the system. A four channel system has four servos, and a six

channel system has six servos, etc.

The operation of the servo begins with a signal sent to the

airplane from the ground via a transmitter. The signal is

received by the radio receiver on board the airplane. Each servo

\--2\--

is plugged into the receiver and the signal from the receiver is

sent to the servo via a wire. The servo incorporates a small

motor which is turned on and off by a received signal. The

operation of the motor turns an operating wheel. The operating

wheel is connected to the throttle which actuates the

corresponding servo. Movement of the servo moves the attached

servo arms. The movement of the servo arms directs the speed

and flight path of the airplane.

Servos are available in different sizes and output

configurations varying with the manufacturer. Output modes

include rotary wheels or arms, opposed linear racks, or a

combination of both modes on the same servo. The type and size

of the aircraft flown will determine the size and nature of the

servo.

Literature submitted by the importer states that a remote

control airplane requires a digital proportional system. A

complete digital proportional system includes a transmitter,

receiver, servos, transmitter and receiver, rechargeable battery

packs, charger switch harness and in most cases several mounting

trays. Though the servo does not directly receive a radio

signal the importer claims that the servos are commonly conceived

by the trade as part of the radio reception apparatus.

The servos were entered under heading 8529, Harmonized

Tariff Schedule of the United States Annotated (\"HTSUSA\"), as

parts suitable for use solely or principally with radio remote

control apparatus. The servos were liquidated under heading

8501, HTSUSA, as electric motors. It is from this

classification that the protest arises.

ISSUE:

What is the correct classification for the servos to be used

with model airplanes?

LAW AND ANALYSIS:

The classification of merchandise under the HTSUSA is

governed by the General Rules of Interpretation (\"GRIs\"). GRI

1\. HTSUSA, 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\...\" The

headings in contention are heading 8501, 8529, and 9503, HTSUSA.

These headings describe the following:

8501 Electric motors and generators (excluding

generating sets)\...

\* \* \*

\--3\--

8529 Parts suitable for use solely or principally

with the apparatus of headings 8525 to

8528\...

\* \* \*

9503 Other toys; reduced-size (\"scale\") models and

similar recreational models, working or

not;\...parts and accessories thereof\...

\* \* \*

The relevant chapters include Chapters 85 and 95, HTSUSA.

These chapters are within Sections XVI and XX, HTSUSA. The

applicable notes are Section XVI, Notes 2 and 5, HTSUSA, and

Chapter 95, Note l(m), HTSUSA. Chapter 95, Note l(m) states

that chapter 95 does not include electric motors of heading 8501,

nor does it include remote control apparatus of heading 8526.

Therefore, if the servos are described by either heading 8501 or

8526, the servos are excluded from classification within heading

9503\. Therefore, heading 8501 and 8529 will be examined first.

It is not disputed that the servos are parts of remote

control apparatus. However, an analysis of \"parts\" invokes

Section XVI, Note 2. This Note states the following:

\...parts of machines\...are to be classified according to the

following rules:

\(a\) Parts which are goods included in any of the

headings of chapters 84 and 85 (other than

headings 8485 and 8548) are in all cases to be

classified in their respective headings;

\(b\) 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

(including a machine of heading 8479 or 8543) are

to be classified with the machines of that kind.

However, parts which are equally suitable for use

principally with the goods of headings 8517 and 8525

to 8528 are to be classified in heading 8517;

\(c\) All other parts are to be classified in heading

8485 or 8548.

A machine is \"any machine, machinery, plant, equipment, apparatus

or appliance cited in the headings of chapter 84 or 85.\"

Section XVI, Note 5.

\--4\--

According to Section XVI, Note 2(a), if the servos are

described by a heading within chapters 84 or 85, it must be

classified in that heading. Heading 8501, HTSUSA, specifically

describes electrical motors. To determine what is meant by

\"electrical motors\" of this heading, the Explanatory Notes to the

HTSUSA must be examined. The Explanatory Notes, although not

dispositive, are to be looked to for the proper interpretation of

the HTSUSA. 54 Fed. Reg. 35127, 35128 (August 23, 1989).

Explanatory Note 85.01(I)(A) states that \"Motors remain

classified here even when they are equipped with pulleys, with

gears or gear boxes, or with a flexible shaft for operating hand

tools.\" Explanatory Note 85.01(I)(A), Harmonized Commodity

Description and Coding Service (\"HCDCS\"), Vol. 4, p.1334. This

Note further comments that heading 8501 includes linear motors

such as a servomotor presented separately which consists of an

electric motor with speed reducing gears and equipped with a

power transmission device, along with self-synchronizing units

used in remote control systems. In Headquarters Ruling 086832,

dated May 21, 1990, this office stated \"a motor remains a motor

for tariff purposes despite having other articles attached to it.

These other articles can be quite substantial.\"

The servos consist primarily of a motor, operating wheel,

servo arms, and electrical wiring. The servo itself does not

receive a signal. The signal is transferred to the motor which

powers and operates the operating wheel and subsequently the

servo arms. Articles of this type are meant to be included in

heading 8501. Thus, it is the opinion of this office that the

servos are described by heading 8501. Since the servos are

described by heading 8501, they cannot be classified within

chapter 95.

This office does not dispute that the servos are used

principally or solely with remote control apparatus. Remote

control apparatus are classified in heading 8526, HTSUSA.

Therefore, the servos are also described by heading 8529.

However, Section XVI, Note 2(a) requires that parts must first be

classified in their respective headings if such a heading exists.

Section XVI, Note 2(b), HTSUSA, is never reached in this

instance, because electrical motors are specifically provided for

in heading 8501.

The importer states that the motor is only a part of the

servo. They assert that the motor by itself is not capable of

providing a proportional response. The starting and stopping

and directional guidance are performed by the servos. The

importer contends that it is the electronics of the entire system

that achieve these results, and that a motor without a

proportional control signal and a power source is useless.

Although these points are correct, also true is the reverse of

these

\--5\--

contentions. The proportional control signal and a power source

are useless without a motor. Without the motor the airplane

would be unable to function. The motor is as vital to the

performance of the airplane as all the other components.

The importer also contends that the servo is part of a

remote control system. The servos in question were entered by

themselves, not with a system. Customs must classify products

in their condition at the time of entry. United States v

Citroen, 223 U.S. 407 (1911).

The subject servos are described by heading 8501 in

accordance with GRI 1. The proper classification for the servos

is in subheading 8501.10.40, HTSUSA, as \"Electric motors and

generators (excluding generating sets)\...Motors of an output not

exceeding 37.5 W\...Of under 18.65 W\...Other\...\"

HOLDING:

The servos which are to be used with model airplanes are

described by heading 8501 in accordance with GRI 1, Section XVI,

Notes 2 and 5. The proper classification for the servos is in

subheading 8501.10.40, HTSUSA, as \"Electric motors and generators

(excluding generating sets)\...Motors of an output not exceeding

37.5 W\...Of under 18.65 W\...Other\...\" The applicable rate of

duty is 6.6% ad valorem.

PFR 3307-90-100054, dated September 28, 1990; PFR 3307-90-

100055, dated October 15, 1990; PFR 3307-90-100056, dated

October 15, 1990; PFR 3307-90-100057, dated October 15, 1990;

which concern servos used in remote control airplanes should be

denied in full. A copy of this decision should be attached to

the Form 19 Notice of Action for the protests.

Sincerely,

John Durant, Director

Commercial Rulings Division