CLA-2-85:OT:RR:NC:N2:220
Patrick Smith
Elo Touch Solutions, Inc.
445 S Gay St Suite 406
Knoxville, TN 37902
RE: The tariff classification of a power supply adapter from China
Dear Mr. Smith:
In your letter dated May 30, 2019 you requested a tariff classification ruling.
The merchandise under consideration is identified as the ELO-KIT-PWR-I-SERIES-AN, Part Number E511842 that you describe as a power supply adapter for use with automatic data processing (ADP) machines. You state that the subject power supply adapter has a maximum output of 65 Watts and an output of 19 VDC, and is packaged with a North American and European plug.
In your request you suggest the subject power supply adapter is classifiable under 8504.40.6007, Harmonized Tariff Schedule of the United States (HTSUS). The power supply adapter is an external type and your proposed tariff classification is specifically noted for power supplies intended to be physically incorporated into the ADP machine. As such, the proposed classification is not appropriate.
The applicable subheading for the ELO-KIT-PWR-I-SERIES-AN, Part Number E511842 will be 8504.40.7007, HTSUS, which provides for “Power supplies for automatic data processing machines or units thereof of heading 8471…: Other: With a power output exceeding 50 W but not exceeding 150 W.” The general rate of duty will be free.
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). See also “Notice of Action and Request for Public Comment Concerning Proposed Determination of Action Pursuant to Section 301: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation” (June 20, 2018, 83 F.R. 28710). 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 8504.40.7007, HTSUS, unless specifically excluded, are subject to the 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 8504.40.7007, HTSUS, listed above.
The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.
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