Mr. Gary Armstrong
19224 Des Moines Way South
Seattle, WA 98148
RE: The tariff classification of the Power Flower from China
Dear Mr. Armstrong:
In your letter which was received by this office on May 18, 2009, you requested a tariff classification ruling.
The merchandise subject to this ruling is the Power Flower (Item #POWERF1). This item is a wind-powered novelty light generator. When assembled, it measures 45 inches in height by 18 inches in width and 3 inches in depth. The item consists of a small wind-powered generator set, which mounts onto a plastic garden stake. The generator is powered by six blades which are made to resemble the pedals of a flower. The six blades are attached to a rotating hub/housing that surrounds the generator. There are six small multi-colored LED lights mounted onto the rotating hub/housing. The light generator operates solely on air current.
In use, the garden stake portion of this device would be inserted into the ground, in a location where there is sufficient wind. As the wind turns the petal and hub assembly, the hub rotates/powers the generator which then provides the electrical current used to power the LED lights. The overall effect is that of a spinning flower/pin-wheel, with a small illuminated center. The item does not require batteries.
The applicable subheading for the Power Flower (Item #POWERF1) will be 8502.31.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Electric generating sets…: Other generating sets: Wind-powered.” The rate of duty will be 2.5%.
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 World Wide Web at http://www.usitc.gov/tata/hts/.
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 Steve Pollichino at (646) 733-3008.
Robert B. Swierupski
National Commodity Specialist Division