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.


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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


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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