HQ 082714: Support for wind generators

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                       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