CLA-2-84:OT:RR:NC:N1:118

Matthew Clark
Kuehne+Nagel Inc.
20000 Western Ave.
Torrance, CA 90501

RE: The tariff classification of a composting system from China

Dear Mr. Clark:

In your letter dated June 18, 2025, you requested a tariff classification ruling on behalf of Big Dutchman, Inc.

The merchandise under consideration is identified as a CompoTower. You have stated that is a composting system designed to be used on farms to convert livestock waste into fertilizer. It is comprised primarily of a stainless-steel roof, fixed input hopper, insulated tank, stainless steel inner walls, loading bucket, mixing blades, technical room with fans and compressor, and a staircase. Livestock waste is loaded into the tank via the loading bucket, and it is chopped by the mixing blades. The material is also homogenized and aerated by a continuous supply of oxygen through an aerated floor. A compressor continuously guides fresh air through the system and provides the oxygen required for degradation of the material. Sensors continuously measure the temperature in the compost. After a specific amount of time, the finished compost (i.e. fertilizer) can be removed from the lower part of the CompoTower via a stainless-steel slide.

You have stated that the CompoTower will be imported disassembled in one shipment. The shipment will include all the components to construct the system, except for the electrical PLC, wiring system, electric motors and blower motors. You further state that depending on customer specifications, the shipment may include an air scrubber system that is connected to the CompoTower via ductwork. The air scrubber system is used to clean the exhaust air of emissions and particulates generated by the composting system.

Classification under the Harmonized Tariff Schedule of the United States (HTSUS) is made in accordance with the General Rules of Interpretation (GRIs). GRI 2(a) provides, in pertinent part, that any “reference in a heading to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as entered, the incomplete or unfinished article has the essential character of the complete or finished article.” The Explanatory Notes (ENs) to GRI 2(a) direct us to the General ENs to Section XVI, HTSUS, which provide, in pertinent part, as follows: (IV) INCOMPLETE MACHINES (See General Interpretative Rule 2 (a)) Throughout the Section any reference to a machine or apparatus covers not only the complete machine, but also an incomplete machine (i.e., an assembly of parts so far advanced that it already has the main essential features of the complete machine). Thus a machine lacking only a flywheel, a bed plate, calendar rolls, tool holders, etc., is classified in the same heading as the machine, and not in any separate heading providing for parts. Similarly a machine or apparatus normally incorporating an electric motor (e.g., electro-mechanical hand tools of heading 84.67) is classified in the same heading as the corresponding complete machine even if presented without that motor.

In accordance with General Rule of Interpretation 2(a), you suggested classifying the composting system as an incomplete machine within subheading 8479.89.9599, 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.”

Our office agrees that in its imported condition the CompoTower is an incomplete machine classified in accordance with GRI 2(a). We disagree, however, that it is classified within subheading 8479.89.9599, HTSUS. You have stated that the CompoTower is a composting system that is designed to be used on farms to convert livestock waste into fertilizer. The accompanying documentation in your submission, including advertising materials, supports this statement. The EN to heading 84.36 states, in part, that the “heading covers machinery, not falling in headings 84.32 to 84.35, which is of the type used on farms (including agricultural schools, cooperatives or testing stations), in forestry, market gardens, or poultrykeeping or beekeeping farms or the like.”

Accordingly, the applicable subheading for the CompoTower will be 8436.80.0090, HTSUS, which provides for “Other agricultural, horticultural, forestry, poultry-keeping or bee-keeping machinery, including germination plant fitted with mechanical or thermal equipment; poultry incubators and brooders; parts thereof: Other machinery. Other: Other: Other.” The general rate of duty will be free.

Effective March 4, 2025, pursuant to U.S. Note 2(u) to Subchapter III, Chapter 99, all products of China and Hong Kong as provided by heading 9903.01.24, HTSUS, other than products classifiable under headings 9903.01.21, 9903.01.22, and 9903.01.23, HTSUS, will be subject to an additional 20 percent ad valorem rate of duty. At the time of entry, you must report the applicable Chapter 99 heading, i.e. 9903.01.24, in addition to subheading 8436.80.0090, HTSUS, listed above.

Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.” All imported merchandise must be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the Chapter 99 provisions covering exceptions to the reciprocal tariffs. At this time products from all countries will be subject to an additional 10 percent ad valorem rate of duty. At the time of entry, you must report the Chapter 99 heading applicable to your product classification, i.e. 9903.01.25, in addition to subheading 8436.80.0090, HTSUS, listed above.

Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 9031.80.8085, 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 8436.80.0090 in addition to subheading 8436.80.0090, HTSUS, listed above.

The tariffs and additional duties cited above are current as of this ruling’s issuance. 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 at https://hts.usitc.gov/.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.

This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Anthony Grossi at [email protected].
Sincerely,

(for)
Steven A. Mack
Director
National Commodity Specialist Division