The tariff classification of battery packs from China

N081861 November 6, 2009 CLA-2-85:OT:RR:NC:N1:109 CATEGORY: Classification TARIFF NO.: 8507.80.8020 Ms. Cathy Korb Import Manager UTi, United States Inc. 5823 Barry Road Tampa, FL 33634 RE: The tariff classification of battery packs from China Dear Ms. Korb: In your letter dated October 27. 2009 you requested a tariff classification ruling on behalf of your client, Team Epic. The merchandise subject to this ruling is two different battery packs. They are identified as a TRI 20133 and TRI 20166. The TRI 20133 consists of six rechargeable nickel metal hydride (NiMH) batteries in a hard case with attached connector plugs. The TRI 20166 consists of five rechargeable nickel metal hydride batteries in a hard case with attached connector plugs. These batteries are used for remote control (RC) cars and planes. The connector plugs attached to the battery packs are different because they are made for different size cars and airplanes. A sample of each battery pack was submitted for classification purposes. The applicable subheading for the battery packs (TRI 20133 and TRI 20166) will be 8507.80.8020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Electric storage batteries: Other storage batteries: Nickel-metal hydride 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 Linda M. Hackett at (646) 733-3015. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division