CLA-2-85:OT:RR:NC:N2:220
Yves Lacelle
W2C Customs Trade Management
1919 Lionel Bertrand Suite 104
Boisbriand, J7H1N8
Canada
RE: The tariff classification of diesel generator sets from Canada
Dear Mr. Lacelle:
In your letter dated April 04, 2023, you requested a tariff classification ruling on behalf of CVT Corp.
The first item under consideration is identified as the VSG45 Variable Speed Genset 45 kW, Model Number XS188VG01A, which is described as steel enclosure containing an electric generating set, having a diesel engine prime mover, that can be mounted onto a metal chassis on wheels. The generator set functions to produce electric power in various settings such as remote locations, oil fields, fishing and hunting camps, and national parks. We calculate the maximum output of the generator set as 56.25 kVA.
In your letter, you suggest the VSG45 Variable Speed Genset 45 kW, Model Number XS188VG01A, is classifiable under subheading 8502.11.0000, Harmonized Tariff Schedule of the United States (HTSUS). We agree.
The second and third items are both identified as the VSG80 Variable Speed Genset 80 kW, Model Number XS188VG02A and Model Number XS188VG02B. Both VSG80 Gensets are described as steel enclosures containing an electric generating set, each having a diesel engine prime mover, whichcan be mounted onto a metal chassis on wheels. Similar to the VSG45 Genset, the VSG80 Gensets function to produce electric power, however both have a maximum output of 100 kVA.
In your request, you suggest both VSG80 Variable Speed Genset 80 kW, Model Number XS188VG02A and Model Number XS188VG02B, are properly classified under subheading 8502.12.0000, HTSUS. We agree.
The applicable subheading for the VSG45 Variable Speed Genset 45 kW, Model Number XS188VG01A, will be 8502.11.0000, HTSUS, which provides for “Electric generating sets and rotary converters: Generating sets with compression-ignition internal combustion piston engines (diesel or semi-diesel engines): Of an output not exceeding 75 kVA.” The general rate of duty will be 2.5 percent ad valorem.
The applicable subheading for the VSG80 Variable Speed Genset 80kW, Model Number XS188VG02A and XS188VG02B, will be 8502.12.0000, HTSUS, which provides for “Electric generating sets and rotary converters: Generating sets with compression-ignition internal combustion piston engines (diesel or semi-diesel engines): Of an output exceeding 75 kVA but not exceeding 375 kVA.” The general rate of duty will be 2.5 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 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