CLA-2-85:OT:RR:NC:N2:220

David Cain
Jasco Products Company
10 E. Memorial Rd, Building B
Oklahoma City, OK 73114

RE: The tariff classification of a photovoltaic generator from China

Dear Mr. Cain:

In your letter dated June 17, 2020 you requested a tariff classification ruling.

The merchandise under consideration is identified as the USB Solar Panel Power Source (Generator), Item 49582, which is described as a plastic enclosure containing a polycrystalline panel, a lithium ion battery, and a charge control printed circuit board assembly. The Generator is imported with a plastic stake and a wall base for mounting options and is said to have an output of 5 V at 300 mA for a maximum power output of 1.5 W.

In use, the Generator is placed and/or mounted in an area where it receives direct sunlight for charging the internal battery. The Generator’s electrical output from the female USB socket provides users with a power source to connect electrical devices for receiving the power generated and/or stored in the battery.

The applicable subheading for the USB Solar Panel Power Source (Generator), Item 49582, will be 8501.31.8010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electric motors and generators (excluding generating sets): other DC motors; DC generators: of an output not exceeding 750 W: Generators: Photovoltaic generators of a kind described in statistical note 9 to this chapter.” The general rate of duty is 2.5% ad valorem.

With regard to additional duties deriving to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, we would note that the subject merchandise is sufficiently described under Chapter 99 Note 20 (y)(50), HTSUS, which provides for “Photovoltaic generators of a kind described in statistical note 9 to chapter 85, of an output not exceeding 150 W (described in statistical reporting number 8501.31.8010)”. As the photovoltaic generator satisfies the noted exclusionary language of Note 20 (y)(50), it is afforded the exclusion under 9903.88.20, HTSUS, and additional duties subjected to products from China are not required upon importation of this merchandise into the United States.

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, you may refer to the relevant parts of the USTR and CBP websites, which are available at:

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.

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