CLA-2-85:OT:RR:NC:N1:109
Eric Meldrum
Mophie LLC.
Inventory Control and Import/Export Specialist
760 South Kalamazoo Street
Paw Paw, MI 49079
RE: The tariff classification of a rechargeable external battery pack from China
Dear Mr. Meldrum:
In your letter dated March 25, 2013, you requested a tariff classification ruling.
The merchandise concerned is referred to as the “mophie juice pack, powerstation duo”. This electronic device consists of a lithium-ion polymer rechargeable battery within a plastic and metal housing. It incorporates two standard USB ports, one micro USB port, a power button and LED indicator lights. It measures approximately 4.25 inches x 2.25 inches x .75 inches. It is retail packaged with a USB charging cable and instruction manual.
This item is a universal, portable and rechargeable electric storage device. It is an external power source that is used to provide power to, and recharge, the internal batteries of various electronic devices such as smartphones, tablets, iPads, etc, that incorporate a USB connection. This unit can be recharged via its micro USB port using the included micro USB cable and a computer (USB port) or other USB power source. Once the charge is completed, the “mophie juice pack, powerstation duo” can be connected to two separated devices at the same time, via its dual standard USB ports. Once connected electrical power will flow from the “mophie juice pack, powerstation duo” to the electronic devices, providing power and recharging their batteries.
You propose classification within subheadings 8504.40.70, which provides for power supplies for automatic data processing machines or subheading 8504.40.85, which provides for static converters for telecommunication apparatus. In order to arrive at those subheadings, the terms of the heading have to be satisfied. Heading 8504 provides for electric transformers, static converters and inductors. The item concerned is more specifically described as a storage battery or electric accumulator. It is used as a rechargeable accumulator for the purpose of storing electricity and supplying it to various electronic devices when needed. The function of storing and supplying electrical current is not covered by heading 8504. As such, classification within that heading is inapplicable.
The applicable subheading for the “mophie juice pack, powerstation duo” will be 8507.60.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electric storage batteries, including separators therefor, whether or not rectangular (including square); parts thereof: Lithium-ion batteries.” 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 Steven Pollichino at (646) 733-3008.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division