CLA-2-85:OT:RR:E:NC:N1:109
Mr. Carl Sammartano
UTI, USA, Inc.
230-39 International Center Blvd.
Springfield Gardens, NY 11413
RE: The tariff classification of lithium ion and nickel metal hydride (NiMH) battery packs from China
Dear Mr. Sammartano:
In your letter dated June 2, 2009 you requested a tariff classification ruling on behalf of your client, Wireless Xcessories Group, Inc.
The merchandise subject to this ruling is lithium ion and nickel metal hydride (NiMH) battery packs. They are rechargeable batteries that are utilized to power cellular telephones. These battery packs can be charged either by utilizing the alternating current from a wall outlet via a charger, from a car’s direct current outlet via a charger, or by plugging into a USB port of a computer.
In your submission, you referred to headquarters’ ruling letters HQ 965130 and HQ 966268, which dealt with the classification of battery packs. HQ 966268 revoked HQ 965130. As a result, HQ 966268 classified battery packs within 8507. As was determined within HQ 965130, this office finds that the subject battery packs are essentially electric storage batteries. Therefore, pursuant to Note 2(a) to Section XVI, of the Harmonized Tariff Schedule of the United States (HTSUS), this office has determined that the battery packs subject to this ruling, which are utilized to provide power to cellular telephones, are provided for in heading 8507.
The applicable subheading for the lithium ion and nickel metal hydride (NiMH) battery packs will be 8507.80.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electric storage batteries, including separators therefore, whether or not rectangular (including square): parts thereof: Other storage batteries: Other”. The rate of duty will be 3.4 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 Linda M. Hackett at (646) 733-3015.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division