CLA-2-85:OT:RR:NC:N2:220

Lan Cao
C&C Customs Brokerage Inc.
4415 W 145th Street
Lawndale, CA  90260                                                                                                                

RE:      The tariff classification of a photovoltaic generator from China

Dear Ms. :

In your letter dated September 26, 2024, you requested a tariff classification ruling on behalf of your client, Feradyne Outdoors LLC.

The merchandise under consideration is identified as the Solar Panel Charger, Model BL8000, which is described as an IP66 rated enclosure having a monocrystalline silicon photovoltaic panel and an internal lithium battery.  On the side of the Solar Panel Charger there are charging and battery status indicators, and the device is equipped with 12 V, 9 V, and 6 V outputs, and one 5.5 V input.  In use, the Solar Panel Charger is intended to provide power directly to trail cameras.  You state that the photovoltaic panel has a peak output of 3 W and is imported with a mounting bracket, a strap, and cables.

The applicable subheading for the Solar Panel Charger, Model BL8000, will be 8501.71.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electric motors and generators (excluding generating sets): Photovoltaic DC generators: Of an output not exceeding 50 W.”  The general rate of duty will be 2.5% ad valorem.

Effective January 23, 2018, Presidential Proclamation 9693 imposed safeguard measures on imports of crystalline silicon photovoltaic (CSPV) cells and certain products incorporating CSPV cells in the form of additional tariffs or tariff rate quotas for a period of three years. The safeguard measures were subsequently extended by Presidential Proclamation 10339, dated February 4, 2022, for an additional four years.  As a result, products classified under subheading 8501.71.0000, HTSUS, unless specifically excluded, are subject to the additional duties. See Note 18 to Chapter 99 and subheadings 9903.45.21 through 9903.45.27, HTSUS.

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.

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 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