Gate Operating Devices; Power Arm Swing Gate Opener; Power Slide 500; Power Post Swing Gate Opener; Barrier Arm; EN 85.01; HQ 952500; HQ 083955; HQ 087909; HQ 950557; HQ 950834; EN 86.08
Active· CBP ruling HQ 954911· Issued 1993-10-25
Ruling text
HQ 954911
October 25, 1993
CLA-2 CO:R:C:M 954911 KCC
CATEGORY: Classification
TARIFF NO.: 8501; 8608.00.00
Richard C. Hall, President
Universal Gate Operators, Inc.
5301 Southcenter Blvd.
Seattle, Washington 98188
RE: Gate Operating Devices; Power Arm Swing Gate Opener; Power
Slide 500; Power Post Swing Gate Opener; Barrier Arm; EN
85.01; HQ 952500; HQ 083955; HQ 087909; HQ 950557; HQ
950834; EN 86.08
Dear Mr. Hall:
This is in response to your letter dated August 21, 1993, to
the Commissioner of Customs, requesting the tariff classification
of gate operating devices under the Harmonized Tariff Schedule of
the United States (HTSUS). Your letter and descriptive
information were forwarded to this office for a response.
FACTS:
The submitted information describes the gate operating
devices as follows:
1. Power Arm Swing Gate Opener (Model 301) consists of a 24-
volt DC permanent magnet motor connected to ball screw and
direct drive steel gears. It is designed to laterally pull
the gate open or push it closed.
2. Power Slide 500 appears to be a gear motor with a 24-volt DC
motor.
3. Power Post Swing Gate Opener is a post containing a 24-volt
DC permanent power magnet attached to a ball-screw actuator
which moves a power transfer fixture in a rotary motion to
open and close a gate.
4. Barrier Arm consists of a 24-volt DC permanent magnet motor
and direct-drive steel gear low-friction ball screw actuator
contained in an aluminum housing. The motor powers the
actuator to raise and lower a barrier arm to control the
flow of traffic.
ISSUE:
What is the tariff classification of the gate operating
devices under the HTSUS?
LAW AND ANALYSIS:
The classification of merchandise under the HTSUS is
governed by the General Rules of Interpretation (GRI's). GRI 1,
HTSUS, 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...."
Heading 8501, HTSUS, provides for "Electric motors and
generators...." In understanding the language of the headings of
the HTSUS, the Harmonized Commodity Description and Coding System
(HCDCS) Explanatory Notes (ENs) may be utilized. The ENs,
although not dispositive, are to be used to determine the proper
interpretation of the HTSUS. 54 Fed. Reg. 35127, 35128 (Aug. 23,
1989). EN 85.01 (I)(A) (pg. 1334), states that:
[m]otors remain classified here even when they are
equipped with pulleys, with gears or gear boxes, or with a
flexible shaft for operating hand tools.
The heading includes "outboard motors" for the propulsion
of boats, in the form of a unit comprising an electric
motor, shaft, propeller and a rudder.
Headquarters Ruling Letter (HQ) 952500, dated October 16,
1992, held that a DC motor, gearbox and encoder assembly was
classified under subheading 8501.10.40, HTSUS, as an electric
motor. HQ 952500 stated that:
[t]he Explanatory Notes and the rulings interpreting heading
8501, HTSUS, make it clear that electric motors equipped
with additional components, remain classifiable in this
heading, even if those other components are "quite
substantial." However, it is equally clear that heading
8501, HTSUS, does not encompass every assembly which
includes an electric motor. When confronted with an
assembly incorporating a motor which includes additional
components other than those listed in Explanatory Note
85.01, HTSUS, the rulings described above provide the
following guidelines--an electric motor is classifiable
under heading 8501, HTSUS, even when imported with
additional components (other than those listed in
Explanatory Note 85.01) if:
(1) those additional components complement the function of
the motor [HQ 083955 (dated July 10, 1989)];
(2) those additional components are devices which motors
are commonly equipped [HQ 087909 (dated December 26,
1990)];
(3) those additional components serve merely to transmit
the power the motors produce [HQ 950557 (dated December
26, 1991)].
The HQ dates in parenthesis have been added. See also, HQ 950834
dated March 6, 1992, which did not classify an automotive passive
seat belt rail assembly under heading 8501, HTSUS, because it did
not fall into one of the three categories of assemblies listed
above, nor was it similar to the acceptable additional equipment
as listed in EN 85.01.
Based on the above standards, we are of the opinion that the
Power Arm Swing Gate Opener, Power Slide 500 and Power Post Swing
Gate Opener are classified under heading 8501, HTSUS. The gate
operating devices are essentially motors with additional
equipment that is acceptable pursuant to EN 85.01 and/or falls
within one of the three categories listed above. Classification
to the eight digit level is dependant upon the output of the
motor.
Subheading 8608.00.00, HTSUS provides for "Railway or
tramway track fixtures and fittings; mechanical (including
electro-mechanical) signaling, safety or traffic control
equipment for railways, tramways, roads, inland waterways,
parking facilities, port installations or airfields...." En
86.08 (pg. 1420) states that the heading "covers essentially
apparatus in which the signal, etc., is operated from a control
point, generally at some distance, by the movement of levers,
cranks, wires...or electric motors." The Barrier Arm satisfies
the terms of this heading as it is a mechanical piece of
equipment designed to control traffic. Therefore, the Barrier
Arm is classified under subheading 8608.00.00, HTSUS.
HOLDING:
The Power Arm Swing Gate Opener, Power Slide 500, and Power
Swing Gate Opener are classified under heading 8501, HTSUS, as
electric motors. Classification to the eight digit level is
dependant upon the output of the motors.
The Barrier Arm is classified under subheading 8608.00.00,
HTSUS, as traffic control equipment for parking facilities, which
is dutiable at the Column 1 rate of 5.7 percent ad valorem.
Sincerely,
John Durant, Director
Source: rulings.cbp.gov — ruling 954911, retrieved 2026-10-12T05:28:20Z, republished verbatim. This digest is informational; only CBP issues binding rulings.