CLA-2-85:OT:RR:E:NC:N1:109

Peter John Holtz, CPA
XPAL Power Inc.
2312 W Washington Street, Suite D
Stockton, CA 95203

RE: The tariff classification of XPAL power units from China

Dear Mr. Holtz:

In your letter dated October 22 2008, you requested a tariff classification ruling.

The merchandise subject to this ruling is three different types of XPAL power units. They are identified within your letter as IVYI XP4001, Apollo SP2000, and IPOWER Pack AP 1800.

These chargers function as an AC Adapter and a battery pack and are compatible with a wide variety of portable devices, such as mobile phones, iPods, MP3 players, etc. The power units measure a maximum of 7.1 inches in length by 4.3 inches in width by .28 inches in height. The units feature protected circuit management technology for safety, built-in temperature control, and smart LED technology to give a reading on the battery life and charging.

The adaptors are designed for one input and up to three outputs. The charging time for the internal battery is approximately 4-5 hours. The battery type for the unit is lithium polymer. Accessories included are an AC Adapter, USB cable, and a selection of tips, as well as a storage pouch. The IVYI XP4001, Apollo SP2000, and IPOWER Pack AP all contain power capacities of 2000 mAh at 5 volts. The XPAL Power units, which are for personal and household use, can charge and provide power for many kinds of portable electronics, such as: Mobile phones, iPods, MP3 players, etc. To charge electronic devices using the internal battery, the user will connect the device to the USB port. The output LED will indicate that charging has begun. Two or more devices may be charged simultaneously. To charge the electronic device from AC power, the user plugs the battery pack to an electric outlet. The device is then connected to the USB port. Both the “IN” and “OUT” LED will light up. When charging is complete, disconnect the battery pack from the electrical outlet. To charge the internal battery, the user plugs in the battery to any electrical power outlet. When charging, the “IN” LED indicating light is red. When charging is completed, the LED will turn off.

The applicable subheading for the XPAL power units (IVYI XP4001, Apollo SP2000, and IPOWER Pack AP 1800) will be 8504.40.9550, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical transformers, static converters…and inductors; parts thereof: Static converters: Other: Rectifiers and rectifying apparatus: Other.” The rate of duty will be 1.5 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