CLA-2-90:OT:RR:E:NC:N1:105
Mr. Troy Crago
Atico International USA, Inc.
501 South Andrews Avenue
Fort Lauderdale, FL 33301
RE: The tariff classification of a Battery Storage Tray, with Battery Tester from China.
Dear Mr. Crago:
In your letter dated July 17, 2008, you requested a tariff classification ruling. No sample was provided.
You have submitted photographs and literature illustrating a Battery Storage Tray, with Battery Tester (A032FA00139). It is described as follows:
“Material (content by weight): is 96% polystyrene and 4% electrical. The product measures 13.2” by 8.46” by 1.77”.”
“Prevents batteries from being cluttered in drawers and scattered around in different locations. Also helps prevent mixing up old batteries with new batteries.”
“Stores dozens of batteries in one central location.”
It has multiple molded-in compartments for the separate storage of AAA, AA, C, D and 9 Volt batteries, and a Battery Tester whose operation is described as follows:
To use the battery tester, a person would lift the plastic lid and place the battery inside the compartment. LED lights (green, yellow, or red) will illuminate to show the level of battery power within the battery. The tester runs of power provided by the battery itself.
The Battery Tester thus measures the level of the voltage difference at the two ends of the battery placed in it for that purpose and determines whether it is insufficient for ordinary purposes.
A related item was classified in HTSUS 9030 in New York Ruling Letter A85360, 7-19-96.
We also note HTSUS General Rule of Interpretation 3(c).
The applicable subheading for the Battery Storage Tray, with Battery Tester (A032FA00139) will be 9030.33.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “other” instruments and apparatus for measuring or checking electrical quantities, for voltage, current or resistance. The rate of duty will be 1.7 percent ad valorem.
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 J. Sheridan at 646-733-3012.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division