Mr. Larry Anthony Jonkers
Integrity Energy Group
4307 Welby Drive
Midlothian, VA 23113
RE: The tariff classification of a wind turbine generator from India
Dear Mr. Jonkers:
In your letter dated March 31, 2010, you requested a tariff classification ruling.
The item concerned is a wind turbine generator. It includes the nacelle assembly, the hub, the blades, the nose cone and the tower upon which the wind turbine generator is mounted. Each of these components will be imported at the same time.
The applicable subheading for the complete wind turbine generator set 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 general rate of duty will be 2.5%.
Your request also seeks a determination as to the classification and duty rate of essentially the same merchandise described above, but imported without the tower and blades. It has come to our attention that certain published rulings classifying substantially similar merchandise need to be reconsidered so that we do not have in force rulings that may be inconsistent with our current views. We intend to initiate a notice and comment procedure pursuant to 19 U.S.C. 1625(c) to propose to revoke or modify one or more rulings. In this manner, we believe we can best meet our obligations regarding the sound administration of the HTSUS and other customs and related laws. See 19 C.F.R. 177.7(a). As a result, we cannot address the classification of these articles at this time.
We invite you to comment on the relevant proposed modification or revocation, which we will publish soon in an issue of the Customs Bulletin, available at www.cbp.gov. The notice and comment procedure typically takes 60 days from the date of publication of the proposed change before a final modified or revoked ruling is published and, other than as provided in 19 C.F.R. 177.12(e), 60 additional days before the change becomes effective.
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 Steven Pollichino at (646) 733-3008.
Robert B. Swierupski
National Commodity Specialist Division