CLA-2-85:OT:RR:NC:N2:220
Malcolm Kay
Archatrak Inc.
1288 N 14th Ave
Bozeman, MT 59715
RE: The tariff classification of a photovoltaic charger from China
Dear Mr. Kay:
In your letter dated May 27, 2021 you requested a tariff classification ruling.
The merchandise under consideration is identified as the Solar Powered Phone Charging Pole (Charging Pole), Model WYC1912, which is described as a powder coated stainless steel pole with mounting plates that incorporate a 45 W photovoltaic (PV) panel at the top. The Charging Pole measures 106 inches in height and has a small round 28-inch steel table surrounding the pole, where users can place their electronic devices during charging. Incorporated into the Charging Pole are a charge controller, a 30 Ah lithium-ion battery, three USB outlets, and one Qi charging pad.
In your letter, you state that the Charging Pole does not connect to the electrical grid and functions as a stand-alone charger, and we would note that the power generated by the PV panel is provided solely to the charge controller for distribution to the various USB/Qi ports. Further, your request identifies optional components, such as an advertising display, a Wi-Fi router, and LED spotlights, that are not explicitly included with the instant Charging Pole. As rulings are issued with regard to specific facts, the optional features described are not under consideration here in this ruling letter.
The applicable subheading for the Solar Powered Phone Charging Pole, Model WYC1912, will be 8504.40.9580, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical transformers, static converters…: Static converters: Other: Other.” The general rate of duty will be Free.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8504.40.9580, HTSUS, unless specifically excluded, are subject to an additional 25 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 8504.40.9580, HTSUS, listed above.
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, including information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP websites, which are available at the following addresses:
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