The tariff classification of a "blister pack 4 cell with charger" from China

N073557 September 23, 2009 CLA-2-85:OT:RR:E:NC:N1:109 CATEGORY: Classification TARIFF NO.: 8504.40.9550 Mr. Joe Harrington Vice President Business Processes PowerGenix 10109 Carroll Canyon Road San Diego, CA 92131 RE: The tariff classification of a “blister pack 4 cell with charger” from China Dear Mr. Harrington: In your letter dated August 25, 2009, you requested a tariff classification ruling. The merchandise subject to this ruling is a “blister pack 4 cell with charger.” It is identified within your submission as Part Number F1001101. This item consists of four AA Nickel Zinc rechargeable batteries and a NiZn battery charger, which is blistered together. The blister pack 4 cell with charger is for consumer use. It is common that a storage battery must be fully charged in order to be useful. Further, every time the battery needs charging, the charger must be used. Therefore, as was determined within headquarters’ ruling HQ 968226, a battery charger is essential to the effectiveness of a storage battery. Also noted with HQ 968226, was that a storage battery has a limited shelf life. Once a battery can no longer hold a charge, it is discarded, and a new battery must be purchased. In this sense, the battery becomes “disposable” while the charger remains functional. As such, the battery-charging component imparts this set’s essential character. The applicable subheading for a “blister pack 4 cell with charger” (Part Number F1001101) will be 8504.40.9550, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Electrical transformers, static converters (for example, rectifiers) and inductors; … : Static converters: Rectifiers and rectifying apparatus: Other." The rate of duty will be 1.5% 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