CLA-2-85:OT:RR:NC:N2:220
David Savoni
Canadian Solar Solutions Inc.
3000 Oak Road, Ste. 400
Walnut Creek, CA 94597
RE: The tariff classification of the Automobile Solar Charger from China
Dear Mr. Savoni:
In your letter dated January 5, 2019 you requested a tariff classification ruling.
The merchandise under consideration is referred to as the Automobile Solar Charger, Model # C39050D, which is described as a 10” by 13” plastic enclosed solar panel having an electrical cable and suction cups for attaching to the inside of a vehicle window/windshield. One end of the electrical cable is attached internally to the solar panel and the other end is fitted with an on-board diagnostics (OBD2) type connector. Inside the OBD2 connector is a printed circuit board assembly which contains the charge controller circuitry and allows the subject charger to be directly connected to the vehicle OBD2 socket for the purpose of trickle charging the vehicle’s battery.
The Automobile Solar Charger is said to be rated at 6 Watts and you suggest it is correctly classified as a photovoltaic generator under 8501.31.8010, Harmonized Tariff Schedule of the United States (HTSUS). We agree.
The applicable subheading for the Automobile Solar Charger, Model # C39050D, will be 8501.31.8010, HTSUS, which provides for “Electric motors and generators (excluding generating sets): other DC motors; DC generators: of an output not exceeding 750 W: Generators: Photovoltaic generators of a kind described in statistical note 9 to this chapter.” The general rate of duty is 2.5% ad valorem.
Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974). Products of China that are provided for in subheading 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings.
Products of China classified under subheading 8501.31.8000, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.02, in addition to subheading 8501.31.8000, HTSUS, listed above.
The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.
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 the World Wide Web at https://hts.usitc.gov/current.
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 Karl Moosbrugger at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division