CLA-2-85:OT:RR:NC:N2:220
Damon Hibbard
Aries Manufacturing a division of Boss Tech Products Inc.
1221 Page Street
Kewanee, IL 61443
RE: The tariff classification of a DC-DC Converter from China
Dear Mr. Hibbard:
In your letter dated October 13, 2022, you requested a tariff classification ruling.
The merchandise under consideration is identified as the Adapter, PN CAT-DC2USB-BLK, which is described as a 3.5 A DC-DC having two female USB Type-A socket connectors on one side and 12 V vehicle accessory electrical plug on the other. The subject Adapter is intended to be used in a vehicle for charging personal electronics.
In your letter you suggest the Adapter is classifiable under 8504.40.8500, Harmonized Tariff Schedule of the United States (HTSUS) and cite NY N205840 as a supporting reference. We disagree.
Unlike the subject Adapter, the “cell phone charger” classified in NY N205840 incorporated features and functions that dedicated its use with telecommunications apparatus. While the cell phone charger classified in NY N205840 also plugged into a vehicle’s 12V accessory socket and had a USB port that supplied a 5V output, it also incorporated a feature button that performed specific functions on the user’s mobile phone, such as GPS, contact calling, voice control, etc. Furthermore, the power adapter classified in NY N205840, which was marketed and designed to be specifically used with mobile phones, was intended to interact with a companion application installed on the user’s device and did not merely supply power.
In contrast, the subject Adapter is equipped with two USB Type-A sockets and only functions to provide DC power for charging various types of electronic devices. There is no feature or function that establishes its principal use with telecommunications apparatus. In this regard, we find that the Adapter’s use is generic, which is further substantiated by the retail packaging that describes the charging of a “Tablet”.
The applicable subheading for the Adapter, PN CAT-DC2USB-BLK, will be 8504.40.9580, 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