Classification of monobloc pumps turns on whether a separate electric motor emerges; tariff entry for pumps applies instead.

Monobloc pumps manufactured with rotors and stators were not treated as separate electric motors because no independent motor emerged in the course of manufacture. Applying earlier Tribunal decisions and the departmental circular, the goods were held classifiable under Heading 85.03 rather than Heading 85.01. The classification turned on the absence of a distinct electric motor in the finished product, so the tariff entry for electric motors did not apply.

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Issues: Whether monobloc pumps manufactured with rotors and stators are classifiable under Heading 85.01 as electric motors, or under Heading 85.03.

Analysis: The classification dispute turned on whether an electric motor comes into existence in the course of manufacture of monobloc pump sets. The cited Tribunal decisions had already held that no electric motor emerges on manufacture of monobloc pumps and that such goods fall under Heading 85.03 rather than Heading 85.01. The departmental circular was also treated as applicable to the new tariff and supported the same classification position.

Conclusion: The monobloc pumps were not classifiable under Heading 85.01 as electric motors and were correctly classifiable under Heading 85.03.

Ratio Decidendi: Where manufacture of a monobloc pump does not bring into existence a separate electric motor, the product is classifiable under the tariff entry applicable to the pump set and not under the entry for electric motors.

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