CLA-2-85:OT:RR:NC:N1:109

Mr. Troy D. Crago-Edwards
Atico International USA, Inc.
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of a mini solar set from China

Dear Mr. Crago-Edwards:

In your letter dated June 23, 2010, you requested a tariff classification ruling.

The merchandise under consideration is a mini solar set. It consists of solar battery (main unit), USB cable, fan unit, flashlight unit, charger unit, reading light unit, radio speaker unit, which are all packaged together in a box ready for retail sale. A sample of the mini solar set was furnished for classification purposes and is being returned to you as per your request.

The solar battery (main unit) is referred to as a crystalline silicon solar panel. It measures approximately 4” in height x 2” in width and contains a built-in rechargeable battery. The main unit is meant to be a rechargeable solar power battery with an output voltage of 5V. The other items that are imported with the main unit, i.e., fan unit, flashlight unit, etc., can be connected to it, providing power for them to operate. Once the item is connected to the solar panel the “on-off” switch located on the side of the solar panel must be turned to “on” in order for any connected device to operate.

The USB Cable connects to the charger unit. One end of the cable connects to the main unit and the other end to a USB port to obtain power from a computer to recharge the battery of the main unit, when sunlight is not used to do so.

The merchandise under consideration is referred to as a fan unit. It measures approximately 2” in length x 2” in width. Once the fan is connected to the solar panel for power the item can be placed on a table or handheld for use as a cooling fan.

The merchandise under consideration is referred to as a flashlight unit. It measures approximately 2 ½” in height x 1 ½” in diameter. There are three white LED lights housed in the flashlight device. Once the flashlight is connected to the solar panel for power, the item becomes a functional flashlight carried in the hand by its housing, projecting a beam of light.

The merchandise under consideration is referred to as a charger unit. It measures approximately 1” in length x 2” in width. The charger unit connects to one end of the USB cable, while the other end of the USB cable connects to a computer to obtain power in order to function as a recharging device to charge the battery of a mobile phone, a PDA, an MP3 player, or other handheld device. The merchandise under consideration is referred to as a reading light unit. It measures approximately 4” in height x 2” in width. There are three white LED lights in the reading light. Once connected to the main unit and turned on, it can be clipped-on to a pocket, a book, or a similar article to provide illumination while reading.

The merchandise under consideration is referred to as a radio speaker unit. It measures approximately 2” in height x 2” in width. The radio speaker must be attached to the main unit in order to function. The radio speaker unit has an auto FM station scan, a volume control, a headphone jack and a built-in speaker. This item also features an AUX IN jack which allows the user to listen to a music player with the built-in speaker. The applicable subheading for the solar battery (main unit) will be 8541.40.6020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Diodes, transistors and similar semiconductor devices; photosensitive semiconductor devices, including photovoltaic cells whether or not assembled in modules or made up into panels; light-emitting diodes; mounted piezoelectric crystals; parts thereof: Photosensitive semiconductor devices, including photovoltaic cells whether or not assembled in modules or made up into panels; light-emitting diodes: Other diodes: Other; Solar cells: Assembled into modules or made up into panels.” The rate of duty will be free.

The applicable subheading for the USB cable will be 8544.42.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Insulated wire, cable …: Other electric conductors, for a voltage not exceeding 1,000V: Fitted with connectors: Other: Of a kind used for telecommunications.” The rate of duty will be free.

The applicable subheading for the fan unit will be 8414.59.6090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for axial fans. The rate of duty will be 2.3 percent ad valorem.

The applicable subheading for the flashlight unit will be 8513.10.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Portable electric lamps designed to function by their own source of energy (for example, dry batteries, storage batteries, magnetos)…: Lamps: Flashlights." The rate of duty will be 12.5 percent ad valorem.

The applicable subheading for the charger unit will be 8504.40.9510 Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Electrical transformers, static converters (for example, rectifiers) and inductors; parts thereof: Static converters: Other: Rectifiers and rectifying apparatus, Power supplies with a power output not exceeding 50W." The rate of duty will be 1.5 percent ad valorem.

The applicable subheading for the reading light unit will be 8513.10.4000 Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Portable electric lamps designed to function by their own source of energy (for example, dry batteries, storage batteries, magnetos)…: Lamps: Other." The general rate of duty will be 3.5 percent ad valorem.

The applicable subheading for the radio speaker unit will be 8527.19.5010 Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Reception apparatus for radiobroadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock: Radiobroadcast receivers capable of operating without an external source of power: Other: Other: FM only or AM/FM only.” The rate of duty will be 3.0 percent ad valorem.

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 World Wide Web at http://www.usitc.gov/tata/hts/.

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 Linda M. Hackett at (646) 733-3015.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division