CLA-2-87:OT:RR:NC:N2:206
Melissa Duffy
Fenwick & West LLP
733 Tenth Street NW, Suite 400 Washington, DC 20001
RE: The tariff classification of an all-electric RV camper from an unspecified country
Dear Ms. Duffy:
In your letter dated August 2, 2024, you requested a tariff classification ruling on an all-electric RV camper, on behalf of your client, Pebble Mobility Inc.
The item under consideration is the Pebble Flow trailer, described as an all-electric recreational vehicle (RV) trailer intended for camping. It is constructed of an all-aluminum frame with a tow hitch for towing behind a car or truck. The interior is equipped with a kitchen, dual use sleeping and living area, and a bathroom. You state that the Pebble Flow is not a motorhome nor a motor transport vehicle. It does not have driving capability (driver area, steering wheel, gas or brake pedals) or other accommodations and safety features (passenger seats, seatbelts, airbags, child safety locks) for a driver or passengers. The Pebble Flow is powered by an electric battery, which is recharged through solar panels or through shore power charging. This battery services electrical features within the RV trailer, such as lights, kitchen and bathroom appliances, thermostat, HVAC system, entry steps, retractable awning, vehicle leveler, door locks and connectivity systems, allowing for up to 7 days of off-grid use.
In your submission you state that at the time of import, the Pebble Flow is substantially complete, with a frame, tow hitch, body, electrical harness, and most interior features installed. However, some post-importation processing is required to install standard components, such as house batteries; solar panels with controllers and inverters; electronic control units and associated connectivity equipment; a macerating toilet; microwave oven; water heater; plumbing fixtures; an electric awning and leveling system; and stabilizers, axle, wheels and tires.
You suggested classifying the Pebble Flow in subheading 8716.10 Harmonized Tariff Schedule of the United States (HTSUS), which provides for trailers and semi-trailers for housing and camping. In addition, you also proposed an alternative classification of this item in headings 8703, HTSUS, which provides for self-propelled passenger vehicles, and 8704, HTSUS, which provides for self-propelled vehicles for the transport of goods. You state that the Pebble Flow may be equipped, at the owner's request, with a small electric motor and remote that allows the trailer to be easily moved and positioned for towing. Although this feature allows the trailer to, in a limited capacity, move (propel) on its own, the trailer itself is not considered for HTS purposes a self-propelled vehicle for either the transport of people (8703), or goods (8704). In addition, the extra charge upgrade ultimate option includes the active tow assist function to provide power support to the wheels, with a boost during acceleration and regenerative braking during deceleration, making the trailer less difficult to tow.
Based on the information submitted it appears that the Pebble Flow is a towed camper, even if not in its finished, final state. Further, the tow-assist and self-positioning features do not alter the nature of the trailer by making it an independently mobile vehicle. It is still only transported substantial distances when towed by another vehicle. As a result, we agree with your proposed classification of the listed items in subheading 8716.10, HTSUS, as a trailer for housing and camping.
The applicable subheading for the Pebble Flow will be 8716.10.0030, HTSUS, which provides for Trailers and semi-trailers; other vehicles, not mechanically propelled; and parts thereof: Trailers and semi-trailers for housing or camping: Less than 10.6m in length. The rate of duty will be free.
Please note, if the Pebble Flow is made in China, pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8716.10.0030, 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 8716.10.0030, 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 https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.
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 Liana Alvarez at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division