In ruling NY N319727 (June 8, 2021), Customs and Border Protection (CBP) discussed the classification of the “Solar Powered Phone Charging Pole” (Charging Pole) from China. This item is a stainless-steel pole measuring 106 inches in height. It has a 45 W photovoltaic (PV) panel incorporated at its top. Because it is solar powered, the Charging Pole does not connect to the electrical grid and functions as a stand-alone charger. The pole comes with a small steel table for users to place their electronic devices while they charge as well as a charge controller, a 30 Ah lithium-ion battery, three USB outlets, and one Qi charging pad. The item includes additional optional components—such as an advertising display, a Wi-Fi router, and LED spotlights. However, because these features are not explicitly included with the Charging Pole, CBP did not consider these optional features in its ruling.

CBP determined that the applicable subheading for the Solar Powered Charging Pole is 8504.40.9580, HTSUS, which provides for “Electrical transformers, static converters…: Static converters: Other: Other.” The general duty rate is free.

Additionally, CBP determined that pursuant to U.S. Note 20 to subchapter III, Chapter 99, HTSUS, Chinese products under the 8504.40.9580, HTSUS—unless excluded—are subject to an additional 25% ad valorem rate of duty. As such, the chapter subheading 9903.88.03 must be reported in addition to subheading 8504.40.9580.

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Photo of Frances P. Hadfield Frances P. Hadfield

Frances P. Hadfield is a counsel in Crowell & Moring’s International Trade Group in the firm’s New York office. Her practice focuses on forced labor and withhold release orders (WRO), import regulatory compliance, and customs litigation. She regularly advises corporations on matters involving…

Frances P. Hadfield is a counsel in Crowell & Moring’s International Trade Group in the firm’s New York office. Her practice focuses on forced labor and withhold release orders (WRO), import regulatory compliance, and customs litigation. She regularly advises corporations on matters involving customs compliance, audits, customs enforcement, as well as import penalties.

Frances represents clients before the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit, as well as in proceedings at the administrative level. She advises corporations on both substantive federal and state regulatory issues that involve U.S. Customs and Border Protection, the Federal Trade Commission, Food and Drug Administration, and U.S. Fish & Wildlife in matters pertaining to product admissibility, audits, classification, import restrictions, investigations, marking, licenses, origin, penalties, and tariff preference programs.

Photo of Martín Yerovi Martín Yerovi

Martín Yerovi is an international trade analyst in Crowell & Moring’s Washington, D.C. office. He provides practice support to the International Trade Group on import regulatory matters pending before the Office of the U.S. Trade Representative (USTR) and U.S. Customs and Border Protection…

Martín Yerovi is an international trade analyst in Crowell & Moring’s Washington, D.C. office. He provides practice support to the International Trade Group on import regulatory matters pending before the Office of the U.S. Trade Representative (USTR) and U.S. Customs and Border Protection (CBP). He works closely with attorneys developing courses of action for clients impacted by investigations under Section 301 of the Trade Act of 1974 and Section 232 of the Trade Expansion Act of 1962. He also supports unfair trade investigations, including antidumping (AD) and countervailing duty (CVD) investigations, sunset reviews, and changed circumstance reviews before the Department of Commerce and the International Trade Commission (ITC).