CLA-2-85:RR:NC:MM:109 R04289

Ms. Corinne K. Coffey
Customs Compliance Specialist
Fuji Photo Film U.S. A., Inc.
200 Summit Lake Drive
Valhalla, NY 1595-1356

RE: The tariff classification of a travel kit, start kit, and two accessory kits from an unspecified country

Dear Ms. Coffey:

In your letter dated June 26, 2006, you requested a tariff classification ruling.

The merchandise subject to this ruling is a travel kit, a start kit, and two accessory kits. The travel kit is referred to in your letter as Item Number 60000444. The start kit is referred to in your letter as Item Number 600004446. The first accessory kit is referred to in your letter as Item Number 600004445. The second accessory kit is referred to in your letter as Item Number 600005206.

The travel kit (Item Number 60000444) is packaged in a cardboard display box and contains an expandable polyester travel bag, four nickel-metal hydride (NiMH) batteries (2000mAh), a dual battery charger for NiMH or lithium-ion (Li-ion) batteries, an alternating current (AC) and cigarette lighter charger adapter, and a world wide outlet adapter. The start kit (Item Number 600004446) is packaged in a cardboard display box and contains a polyester camera case two nickel-metal hydride (NiMH) batteries (2000mAh), a dual battery charger for NiMH or lithium-ion (Li-ion) batteries, and an alternating current (AC) adapter for a charger.

The first accessory kit (Item Number 600004445) is packaged in a cardboard display box and contains a polyester camera case and memory card holder, a mini plastic tripod, a liquid crystal display (LCD) cleaning cloth, and four alkaline energizer batteries.

The second accessory kit (Item Number 600005206) is packaged in a plastic bubble pack and contains an imitation leather camera case, a portable NiMH battery wall charger and two NiMH (200mAH) batteries.

The travel kit, start kit, and accessory kits each obtain their essential character from the battery. Primary cell batteries, such as alkaline, are provided for in heading 8506 and rechargeable batteries, such as NiMH, are provided for in heading 8507.

The applicable subheading for the accessory kit (Item Number 600004445) will be 8506.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Primary cells and primary batteries; parts thereof: Manganese dioxide.” The rate of duty will be 2.7 percent ad valorem.

The applicable subheading for the will travel kit (Item Number 60000444), the start kit (Item Number 600004446), and the accessory kit (Item Number 600005206) will be 8507.80.8000, 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: 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