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

Richard Bernard
ZT Systems
333 Meadowlands Parkway 2nd Floor
Secaucus, NJ 07094

RE: The tariff classification of the universal power adapter from China

Dear Mr. Bernard:

In your letter dated March 19, 2019 you requested a tariff classification ruling.

The merchandise under consideration is referred to as the Universal Power Adapter, PN AD-00077-001 which is described as a an electrical plug having a U.S. format three-prong male plug on one side and a European two-prong female receptacle on the top. There are no electrical components inside the adapter that converts, alters, amplifies, or conditions the applied voltage.

In your request you suggest the Universal Power Adapter is properly classified under 8471.80.1000, Harmonized Tariff Schedule of the United States (HTSUS). We disagree. The subject adapter does not meet the conditions set forth in Chapter 84 Note 5 (C) which governs the classification of units of automatic data processing machines. As its sole function is to make electrical connections, it will be classified accordingly.

The applicable subheading for the Universal Power Adapter, PN AD-00077-001 will be 8536.69.8000, HTSUS which provides for “Electrical apparatus…for making connections to or in electrical circuits…: Lamp-holders, plugs and sockets: Other: Other.” The general rate of duty will be 2.7 percent ad valorem.

Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974). Products of China that are provided for in subheading 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings.

Products of China classified under subheading 8536.69.8000, HTSUS, unless specifically excluded, are subject to the additional 10 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 8536.69.8000, HTSUS, listed above.

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