CLA-2-85:OT:RR:NC:N2:220
Ted Conlon
Fourstar Group USA, Inc.
189 Main St.
Milford, MA 01757
RE: The tariff classification of an electrical generator from China
Dear Mr. Conlon:
In your letter dated October 29, 2020 you requested a tariff classification ruling.
The merchandise under consideration is identified as the Hand Crank Emergency Charger (Charger), Item Number 11032011, which is described as a plastic enclosure containing a small rotary generator, a rectifying printed circuit board assembly (PCBA), gearing, and a hand crank. The Charger has a single USB socket and measures 2.25 inches in length, by 2.55 inches in width, by 1.25 inches in depth. You state that the Charger has an output of 5.5V at 600mA, which equates to maximum power output of 3.3W.
In use, the Charger generates power by the user manually turning the hand crank. Users can connect their personal electronic devices via the USB socket for the purpose of receiving the 5V DC output created by the Charger.
The applicable subheading for the Hand Crank Emergency Charger, Item Number 11032011, will be 8501.31.8090, 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: Other.” 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 8501.31.8090, 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 8501.31.8090, HTSUS, listed above.
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