CLA-2-84:OT:RR:NC:N1:102
Ms. Darlene Enlow
GE Wind Energy
7 Independence Pointe (Suite 300)
Greenville, SC 29615
RE: The tariff classification of a bedplate cast for a wind turbine from various countries. Correction to NY ruling N129317.
Dear Ms. Enlow:
This letter replaces New York Ruling N129317 which was recently issued to you. In that ruling, the tariff heading for the subject article was correctly stated, however we inadvertently misstated the applicable subheading. That error has been corrected in the text below.
In your letter dated October 25, 2010 you requested a tariff classification ruling.
The article in question is described as a “bedplate cast” used in a wind powered electrical generating set to support the transmission section of the machine head, including the yaw drives, brakes, rotor shaft, and gearbox for a wind generator. It mounts through a yaw bearing onto the tower structure that supports the wind motor/generator set.
In your request you indicate that the bedplate cast is a large metal frame that acts as a foundation frame for the wind turbine machine head. It also attaches the machine head to the tower through a steering mechanism. It supports all rotor loads, reaction torques from the gearbox and generator, and transmits the forces to the tower. In addition, it usually houses the yaw drive, which continuously steers the turbine upwind. You also suggest that the bedplate cast is provided for as a part of the wind machine in heading 8412, Harmonized Tariff Schedule of the United States (HTSUS).
Based on the technical drawings you have made available, the machine head incorporates an electric generator, which when driven by torque produced by the wind motor assembly generates electricity. Wind powered electric generating sets are provided for in heading 8502, HTSUS. While the bedplate cast is, prima facie, a part of the complete wind powered generating set, we find the bedplate cast is more specifically provided for as a part of the wind motor assembly within the electrical generating set. The bedplate serves as a foundation frame for the wind turbine assembly within the machine head, providing structural support to the essential components of the wind motor, i.e. the housed bearing that fixes the mechanical shaft to which the hub and blades of the wind motor are connected and the gearbox that passes torque created by the rotation of the blades of the wind motor to the generator. Accordingly, the bedplate cast falls to be classified in heading 8412, HTSUS.
The applicable subheading for the bedplate will be 8412.90.9080, HTSUS, which provides for other parts of other engines and motors. The rate of duty is free.
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 Kenneth T. Brock at (646) 733-3009.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division