Support for wind generators

HQ 082714 August 4, 1989 CLA-2 CO:R:C:G 082714 VEA CATEGORY: Classification TARIFF NO.: 7308.90.90 Mr. Jorg Villafranca P. Tanques De Acero Trinity, S.A. De C.V. Poniente 150 No.734 Col. Ind. Vallejo 02300 Mexico, D.F. RE: Support for wind generators Dear Mr. Villafranca: Your letter of August 17, 1988, requests information on whether supports for wind generators are subject to a Voluntary Restraint Agreement (VRA). FACTS: The merchandise in question consists of supports for wind generators, which are manufactured in Mexico and installed in the United States. A wind generator is a wind driven power plant fitted with an automatic variable pitch propeller. It is designed to convert mechanical energy into electrical energy used to operate appliances and other electrical apparatus in isolated areas. This inquiry has been submitted to Headquarters for a proper tariff classification and confirmation of whether the merchandise is subject to a Voluntary Restraint Agreement (VRA). ISSUE: Whether supports for wind generators are structures and parts of structures of iron or steel classified in heading 7308, subheading 7308.90.90 of the HTSUSA and subject to a VRA between the United States and Mexico. - 2 - LAW AND ANALYSIS: The General Rules of Interpretation (GRI's), the legal principles by which merchandise is classified, govern classification under the HTSUS. GRI 1 states, in part, that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Structures made of iron and steel are classified in Chapter 73 of the HTSUS. The headings at issue include: 7308 Structures (excluding prefabricated buildings of heading 9406) and parts of structures (for example, bridges and bridge sections, lock gates, towers, lattice masts, roofs, roofing frameworks, doors and windows and their frames and thresholds for doors, shutters, balustrades, pillars and columns) of iron or steel; plates, rods, angles, shapes, sections, tubes and the like, prepared for use in structures, of iron or steel: * * * * * * * * * * * 7308.90 Other: Columns, pillars, posts, beams, girders and similar structural units: * * * * * * * * * * 7308.90.90 Other Heading 7308 applies to structures or parts of structures made of iron or steel. It includes plates, rods, angles, shapes, sections, tubes and other similar articles prepared for use in structures of iron. The Explanatory Notes (ENs) provide some guidance as to the kind of articles classified in heading 7308. They state that the heading covers complete or incomplete metal structures, as well as parts of structures. Once these structures are put in a position, they remain in that position. They are usually made from bars, rods, tubes, angles, shapes, sections, sheets, plates, wide - 3 - flats including so-called universal plates, hoop, strip, forgings or castings, by riveting, bolting or welding. The supports for wind generators at issue in this case clearly fall under 7308. They are complete structures made of steel which serve as a base for the wind generator. Once the supports are put in a position, they remain in that position, and the wind generator is presumably mounted or attached to it. Articles classified in heading 7308 are subject to the VRA between Mexico and the U.S. and require an original valid Export Certificate to enter the commerce of the United States. If you need additional information regarding this requirement, you should contact the Office of Agreements Compliance, Department of Commerce, 14th and Constitution Ave., N.W., Washington, D.C. 20230, (202-377-4037). HOLDING: Supports for wind generators are structures and parts of structures classified in heading 7308, subheading 7308.90.90 of the HTSUSA, and are subject to VRA export certification requirements. Sincerely, John Durant, Director Commercial Rulings Division