CLA-2-85:OT:RR:NC:N2:220
Stan Vick
Kuehne + Nagel Inc.
4100 North Commerce Drive
East Point, GA 30344
RE: The tariff classification of a photovoltaic generator from China
Dear Mr. Vick:
In your letter dated February 5, 2020 you requested a tariff classification ruling on behalf of your client, Pradco dba Moultrie Feeders LLC.
The merchandise under consideration is identified as the Camera Power Panel, which is described as a plastic enclosure containing a printed circuit board assembly (PCBA), a 132 mm by 114 mm polycrystalline photovoltaic panel, a rechargeable battery, a mode switch, a LCD charge status indicator, and a DC power cord. Based on the information provided, the Camera Power Panel has a DC output of 12 V and 2 A, while the photovoltaic panel has a maximum output of 1.26 W. The Camera Power Panel is intended to be connected to a Moultrie digital game camera to supply power directly to the camera for the purpose of capturing photographs of wild animals.
In use, the Camera Power Panel is mounted outdoors and connected to the digital game camera. The Camera Power Panel operates in three modes that are displayed on the status LCD: Real Time Solar Mode, which indicates on the LCD the amount of real time solar energy being received by the Power Panel; Internal Charge Mode, which indicates the amount of charge to the product’s internal battery; and Daily Solar Average Mode, which indicates the average amount of solar energy the internal battery receives each day.
The applicable subheading for the Camera Power Panel will be 8501.31.8010, Harmonized Tariff Schedule of the United States (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.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8501.31.8010, HTSUS, unless specifically excluded, are subject to an 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 8501.31.8010, HTSUS, listed above.
The articles in question may be eligible for an exclusion from the Section 301 tariffs, however, that determination will be made independently of this prospective tariff classification ruling. For further information regarding specific entry issues, please contact your assigned CBP Center of Excellence & Expertise office prior to importation of the goods.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at:
https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions https://www.cbp.gov/trade/remedies/301-certain-products-china
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