CLA-2-84:OT:RR:NC:1:104
Mr. Christopher Reynolds
OHL Trade Services
5101 S. Broad Street
Philadelphia, PA 19112-1404
RE: The tariff classification of a solar panel cleaning system from China
Dear Mr. Reynolds:
In your letter received in this office on August 20, 2012, on behalf of King’s United Group LLC, you requested a tariff classification ruling.
The KNE Automatic Cleaning System is an automated cleaning system designed to keep outdoor photovoltaic panels clear of dust, dirt, snow and other material. The photovoltaic panels themselves are not included in the system. The system is designed in two sizes, i.e., 1650 x 992 x 50 mm and 1580 x 808 x 35 mm. Custom sizes are available. The system can be used on a variety of solar panel systems, including rooftop, tilt frame or ground installations. It is designed exclusively for the wholesale market, i.e., Business to Business (“B2B”) style, rather than the retail market.
The system’s frames are mounted over the solar panels and fastened using either screws or clamps. The cleaning process is performed in two stages. First, water is sprayed down the solar panel. This action dislodges pollutants from the surface of the panel. Then a mechanical cleaning arm traverses down the panel removing any foreign material. Upon reaching the bottom of the panel, the arm automatically returns to its original position, drying out any excess water left on the panel. The cleaning arm is capable of removing unwanted material up to 6 kg in weight. The system comes equipped with a digital control box and a remote control. Depending upon project specifications, the KNE motor design can be applied to each cleaning frame individually or connected by wiring to one or several central motors.
The applicable subheading for a complete KNE Automatic Cleaning System will be 8479.89.9899, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter, parts thereof: Other machines and mechanical appliances: Other: Other: Other”. The 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 World Wide Web at http://www.usitc.gov/tata/hts/.
In your letter, you indicate that all the components that comprise a complete system may not be present at the time of importation. Components may vary according to the customer’s project installation requirements. At time of importation, a shipment may contain an incomplete system or a sundry collection of components. Your inquiry does not provide enough information for us to give a classification ruling on either of these scenarios. Classification will be determined by the condition at time of importation, i.e., the contents of each shipment. Depending upon the contents, the merchandise may be classified in accordance with either General Rule of Interpretation 2(a) (“GRI 2(a)”) or note 2 to Section XVI.
GRI 2(a), HTSUS, extends the scope of a heading to include an article, whether assembled or unassembled, that is imported incomplete or unfinished provided the article is found to have the essential character of the complete or unfinished good. Under GRI 2(a), the factor or factors which determine essential character will vary with the merchandise. It may, for example, be determined by the nature of a component or components, their bulk, quantity, weight or value, or the role of a component or components in relation to the use of the good.
In general, parts are classified in accordance with note 2 to Section XVI which states that, subject to certain exclusions found in note 1 to Section XVI, note 1 to Chapter 84 and note 1 to Chapter 85, parts of machines (not being parts of the articles of heading 8484, 8544, 8545, 8546 or 8547) are to be classified according to the following rules:
(a) Parts which are goods included in any of the headings of chapters 84 and 85 (other than headings 8409, 8431, 8448, 8466, 8473, 8487, 8503, 8522, 8529, 8538 and 8548) are in all cases to be classified in their respective headings;
(b) Other parts, if suitable for use solely or principally with a particular kind of machine, or with a number of machines of the same heading (including a machine of heading 8479 or 8543) are to be classified with the machines of that kind or in heading 8409, 8431, 8448, 8466, 8473, 8503, 8522, 8529 or 8538 as appropriate. However, parts which are equally suitable for use principally with the goods of headings 8517 and 8525 to 8528 are to be classified in heading 8517;
(c) All other parts are to be classified in heading 8409, 8431, 8448, 8466, 8473, 8503, 8522, 8529 or 8538 as appropriate or, failing that, in heading 8487 or 8548.
Should you wish to consider resubmission of your request on specific parts or on an incomplete system, please note that a ruling request is limited to a maximum of 5 items of the same class or kind.
In your letter, you indicate that the materials used to manufacture this system may vary depending on the part and customer requirements. The most commonly used materials include aluminum alloys, steel, stainless steel, galvanized steel, PVC plastic and nylon. In particular, the main material of the frame is said to be made of aluminum alloys, series 5050, 6005, 6063 and 6082. The material is produced by casting and extrusion. The aluminum extrusions from China may be subject to Antidumping Duties (“AD”) under case number A-570-967 and Countervailing Duties (“CVD”) under case number C-570-968. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://addcvd.cbp.gov/.
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 Patricia O’Donnell at (646) 733-3011.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division