CLA-2-85:OT:RR:NC:N2:220
George R. Tuttle, Sr.
Tuttle Law Offices
3950 Civic Center Drive
San Rafael, CA 94903
RE: The tariff classification of an electrical connector assembly from China
Dear Mr. Tuttle:
In your letter dated May 12, 2022, you requested a tariff classification ruling on behalf of your client, Bizlink Technologies.
The merchandise under consideration is identified as Electric Vehicle Supply Equipment (EVSE) AC Chargers, Model Numbers ID2, ID3, and ID5, which are described as an electric vehicle electrical connection apparatus, each having an enclosure and input/output electrical cables with connectors. While the enclosure and electrical specifications vary by model number, each of the charging connectors are said to have the same function, which is to provide an electrical connection from a mains AC source to an electric vehicle for the purpose of charging the vehicle’s batteries. In your letter, you state the chargers do not convert or rectify power but only provide AC electricity to connected vehicles while also providing ground fault and over-current protection. You also state that the devices contain relays, fuses, electrical protection modules, switches, and more.
Model ID2 is referred to as the Portable EVSE ID2 and consists of a one-foot length of power cord that is plugged into a standard electrical outlet. The output cable is twenty-five feet in length and is equipped with vehicle charging coupler. The IP54 type enclosure has charging indicators on the front, and internally consists of multiple printed circuit board assemblies (PCBAs), relays, connectors, voltage regulators, etc. The Portable EVSE ID2 is said to operate on 120/220 VAC with 16A/32A charging amperage, respective of voltage.
Model ID3 is also referred to as portable charger and consists of a one-foot length of power cord that is plugged into a standard electrical outlet. The output cable is estimated at 25 feet in length and is equipped with vehicle charging coupler. The IP67 type enclosure has charging indicators on the front, and internally consists of multiple PCBAs, relays, connectors, voltage regulators, etc. The Portable EVSE ID3 is said to operate on 120/220 VAC with 16A charging amperage.
Model ID5 is referred to as the Wall-Mount EVSE ID5 and consists of a wall mounted bracket, an IP55 type enclosure, a length of power cord to plug into a standard electrical outlet, and an output cable with a vehicle charging coupler. The enclosure has charging indicators on the front, and internally consists of multiple PCBAs, relays, connectors, voltage regulators, etc. The Wall-Mount EVSE ID5 is said to operate on 110/240 VAC with 32A charging amperage.
In your request, you suggest the Electric Vehicle Supply Equipment AC Chargers, Model Numbers ID2, ID3, and ID5 are classifiable under subheading 8537.10.9170, Harmonized Tariff Schedule of the United States (HTSUS) because they provide a protected electrical connection but do not convert, alter, or rectify the input AC electricity. We agree.
The applicable subheading for the Electric Vehicle Supply Equipment AC Chargers, Model Numbers ID2, ID3, and ID5 will be 8537.10.9170, HTSUS, which provides for “Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of 8535 or 8536, for electric control or the distribution of electricity…: For a voltage not exceeding 1,000 V: Other: Other: Other”. The general rate of duty will be 2.7 percent ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8537.10.9170, 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., 9903.88.03, in addition to subheading 8537.10.9170, 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, including information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP websites, which are available at the following addresses:
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.
Please note that 19 C.F.R. § 177.9(b)(1) provides that “[e]ach ruling letter is issued on the assumption that all of the information furnished in connection with the ruling request and incorporated in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect. The application of a ruling letter by a Customs and Border Protection field office to the transaction to which it is purported to relate is subject to the verification of the facts incorporated in the ruling letter, a comparison of the transaction described therein to the actual transaction, and the satisfaction of any conditions on which the ruling was based.”
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