CLA-2-85:OT:RR:NC:N1:102
Ms. Gena Haddock
Tradewin
Clements Ferry Rd. 29492
Charleston, South Carolina 29414
RE: The tariff classification of a jump starter and power pack set and a power bank from China
Dear Ms. Haddock:
In your letter dated October 18, 2019 you requested a tariff classification ruling on behalf of your client, Cygnett Pty Ltd.
The two items under consideration are the ChargeUp Auto 12V Jump Starter and Power Pack and the ChargeUp Ultra 20K. The ChargeUp Auto 12V Jump Starter and Power Pack, product number CY2075CHAUT, consists of battery terminal alligator clips with an adapter, a wall charger, a micro USB charge cable, a female 12V output adapter, and a 12V car charger and a portable battery unit that features USB ports and a connector that directly connects to the adapter of the battery terminal alligator clips. The battery unit consists of a 12,000 mAh lithium polymer battery and is designed to store and provide power to electronic devices and vehicles with an engine capacity up to 5.0L (5,000cc) petrol or 2.5L (2,500cc) diesel. The items of the ChargeUP Auto12V Jump Starter and Power Pack are packaged together in a protective carrying case. The ChargeUp Ultra 20K, product number CY2099PBCHE, is a portable power bank designed to power electronic devices, such as smartphones and tablets. The power bank device consists of a 20,000 mAh rechargeable lithium-ion battery that is housed, has a micro USB cable and features a power button, USB ports, a digital display and LED indicator lights.
The classification of merchandise under the Harmonized Tariff Schedule of the United States (HTSUS) is governed by the General Rules of Interpretation (“GRIs”), taken in order. GRI 1 requires that classification be determined according to the terms of the headings and any relative section or chapter notes. In the event that goods cannot be classified solely on the basis of GRI 1, and if the heading and legal notes do not otherwise require, the remaining GRIs will be applied, in the order of their appearance.
Goods that are, prima facie, classifiable under two or more headings, are classifiable in accordance with General Rules of Interpretation (GRI) 3. The Explanatory Notes (ENs) to the HTSUS constitute the official interpretation of the tariff at the international level. EN X to GRI 3(b) provides: for the purposes of this Rule, the term “goods put up in sets for retail sale” shall be taken to mean goods which: (a) consist of at least two different articles which are, prima facie, classifiable in different headings; (b) consist of products or articles put together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking (e.g., in boxes or cases or on boards). Sets are classified according to the component, or components taken together, which can be regarded as conferring on the set as a whole its essential character.
In this instance, the ChargeUp Auto 12V Jump Starter and Power Pack is a set of GRI 3(b). It is put up in a manner suitable for sale directly to users without repacking and consists of at least two different articles that are, prima facie, classifiable in different headings to carry out a specific need or activity (i.e., storing and providing power to electronic devices and vehicles). The battery unit, which stores and provides power to electronic devices and vehicles, imparts the essential character of the set.
Therefore, in accordance with GRI 3(b), the applicable subheading for the ChargeUp Auto 12V Jump Starter and Power Pack, product number CY2075CHAUT, will be 8507.60.0020, HTSUS, which provides for Electric storage batteries, including separators therefor, whether or not rectangular (including square); parts thereof; Lithium-ion; Other. The general rate of duty will be 3.4 percent ad valorem.
The applicable subheading for ChargeUp Ultra 20K, CY2099PBCHE, will be 8507.60.0020, HTSUS, which provides for Electric storage batteries, including separators therefor, whether or not rectangular (including square); parts thereof; Lithium-ion; Other. The general rate of duty will be 3.4 percent ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8507.60.0020, HTSUS, unless specifically excluded, are subject to an additional 15 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 8507.60.0020, HTSUS, listed above. The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the Section 301 trade remedy, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively. 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 the World Wide Web at https://hts.usitc.gov/current.
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 Sandra Martinez at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division