The tariff classification of solar panels from China and the Philippines

N269791 November 4, 2015 CLA-2-85:OT:RR:NC:N4:112 CATEGORY: Classification TARIFF NO.: 8501.31.8000 Jeffery S. Rice Director of Operations Aspect Solar 1724 Majestic Drive, Suite 103 Lafayette, CO 80026 RE: The tariff classification of solar panels from China and the Philippines Dear Mr. Rice: In your letter dated October 19, 2015, you requested a tariff classification ruling. There are two items under consideration which are referred to as the “Folding Fabric PV Panel with Micro USB out.” The first device is described as a small solar panel measuring 7 inches by 11 inches and consisting of two monocrystalline cells having a maximum output of 5 W. The second device is described as a solar panel measuring 14 inches by 11 inches and consisting of four monocrystalline cells having a maximum output of 12 W. Both panels are permanently installed inside a protective polyester carrier with a zipper type closure that is used when the panels are folded in half for storage or transporting. The panels incorporate a micro USB connector that allow for devices to connect directly to the panels to be charged. You state that the Folding Fabric PV Panels are designed to charge small consumer electronics. The applicable subheading for the “Folding Fabric PV Panel with a Micro USB out” will be 8501.31.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electric motors and generators (excluding generating sets): other DC motors; DC generators: of an output not exceeding 750 W: generators…” The rate of duty is 2.5% ad valorem. In regards to your subsequent telephonic inquiry as to whether or not the solar panels are subject to antidumping or countervailing duties, written decisions regarding the scope of AD/CVD orders are issued by the Enforcement and Compliance office in the International Trade Administration of the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection (CBP). You can contact them at http://trade.gov/enforcement/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and Countervailing Duty” under “Popular Topics” at the top of the screen), and you can search AD/CVD deposit and liquidation messages using CBP’s AD/CVD Search tool at http://addcvd.cbp.gov/. 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 World Wide Web at http://www.usitc.gov/tata/hts/. 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 Steven Pollichino at [email protected]. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division