The tariff classification of Battery Packs from Korea

N097075 March 30, 2010 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9503.00.0080 Mr. John Kilmartin Terra Nova Trade Services 139 Mitchell Avenue, Suite 233 South San Francisco, CA 94080 RE: The tariff classification of Battery Packs from Korea Dear Mr. Kilmartin: In your letter dated March 3, 2010, you requested a tariff classification ruling on behalf of Kyosho Corporation of America. Samples of two battery packs used in remote-controlled (RC) model cars and planes were submitted with your inquiry. The first item, Team Orion Model 4500 Rocketpack, is an assembly of seven 1.2 volt (8.4 volt total) sealed rechargeable nickel metal hydride (NiMH) batteries with a unique TRA Plug connector, for use with certain RC cars, such as model TF-5. The second item, Team Orion Model 3200 Li-Po Power Race Spec is a closed assembly 7.4 volt rechargeable lithium battery. Openings in the battery pack allow it to fit in a chamber of certain RC model cars and planes, such as model TC5. You state that the battery packs are made specifically for RC models and are sold by hobby shops that specialize in selling RC models and accessories. Both are imported separately from their respective RC model cars and planes. Note 3, to chapter 95, states that "subject to note 1 above, parts and accessories which are suitable for use solely or principally with articles of this chapter are to be classified with those articles." CBP defines "principle use" as that use which exceeds each other single use of the article. As constructed, each battery is principally designed for use specifically with RC models. They are designed to fit in a toy vehicle’s specially configured compartment, are sold and marketed at specialty hobby shops for RC vehicles and the battery operating instructions state that they are designed to be used only inside RC vehicles. The battery packs are integral and constituent components, necessary for the completion and proper operation of the RC model vehicles and will be classified in Chapter 95. The applicable subheading for the Team Orion Model 4500 Rocketpack and Team Orion Model 3200 Li-Po Power Race Spec will be 9503.00.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Tricycles, scooters, pedal cars and similar wheeled toys…dolls, other toys…puzzles of all kinds; parts and accessories thereof…Other.” The rate of duty will be free. 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 James Forkan at (646) 733-3025. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division