CLA-2-85:OT:RR:NC:N2:220
Troy Clarke
CBT International Inc.
249 E. Ocean Blvd., Suite 650 Long Beach, CA 90802
RE: The tariff classification of Photovoltaic (PV) generator from Thailand
Dear Mr. Clarke:
In your letter dated September 26, 2024, you requested a tariff classification ruling on behalf of Alltrade Tools.
The merchandise under consideration is identified as the Portable Household (Camping) Solar Battery Charger, which is described as a PV generator capable of directly charging the batteries of electrical devices. The subject PV generator consists of monocrystalline solar cell, a USB cable, and a junction box. You state that the maximum output of the PV generator is 20 Watts. In use, the user can attach rechargeable devices such as cell phones, flashlights, and any other device that contains rechargeable batteries connecting the provided USB cable to the junction box, which is attached to the back of the solar cell.
In your request, you suggest the Solar Battery Charger is properly classified under subheading 8501.31, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electric motors and generators (excluding generating sets): Other DC motors; DC generators, other than photovoltaic generators:.” We disagree. Based on the information provided, the solar battery charger consists of monocrystalline solar cell, which is a photovoltaic panel made from a single silicon crystal designed to capture sunlight and convert it into electricity. As such, classification under subheading 8501.31 is not appropriate.
The applicable subheading for the Solar Battery Charger will be 8501.71.0000, HTSUS, which provides for “Electric motors and generators (excluding generating sets): Photovoltaic DC generators: Of an output not exceeding 50W.” The general rate of duty will be 2.5% ad valorem.
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 Karl Moosbrugger at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division