CLA-2-85:OT:RR:NC:N1:109

Mr. Gustavo Velasquez
ZUGUNAVA LLC
14440 SW 144 Place Circle
Miami FL 33186

RE: The tariff classification of a rechargeable Li-ion (Lithium-ion) battery and silicone (flexible) keyboard from China, a bag sealer from Taiwan, and a screw-unscrew cap for bags from Colombia and South America or Taiwan

Dear Mr. Velasquez:

In your letter dated May 3, 2010, you requested a tariff classification ruling on five items. They are a rechargeable Li-ion (Lithium-ion) battery, a chain lock, a silicone (flexible) keyboard, a bag sealer, and a screw-unscrew cap for bags. A sample of each item was submitted and is being returned to you as per your request.

Further information about the chain lock is needed in order to determine its classification. As such, this ruling will not address the classification of the chain lock. You may resubmit your request for its classification, at which time you will need to furnish a response to the requests at the end of this letter. The item under consideration is labeled ITEM NUMBER 1. This item is called an IP3G power station. It is a rechargeable Li-ion (Lithium-ion) battery that will be used as an emergency charger to recharge the battery of a cellular phone.

The item under consideration is labeled ITEM NUMBER 3. This item is called a silicone (flexible) keyboard. It has a 1.4 meter USB plug cable attached to it, which will be plugged into a personal computer or laptop to be used as a keyboard. The silicone keyboard meets note 5 (C) to chapter 84 as an ADP unit.

The item under consideration is labeled ITEM NUMBER 4. This item is called a handy sealer. It will be used to heat seal office document folders, kitchen food bags, etc., so as to protect and keep documents and food dry. It obtains its power from two AA batteries, which were not included with the sample.

The item under consideration is labeled ITEM NUMBER 5. This item is called a screw-unscrew cap for bags. The item consists of two sizes of threaded cap seals made entirely of plastic.

The applicable subheading for the rechargeable Li-ion (Lithium-ion) battery will be 8507.80.8010, 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: Lithium-ion batteries.” The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the silicone (flexible) keyboard will be 8471.60.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other input or output units, whether or not containing storage units in the same housing.” The rate of duty will be free.

The applicable subheading for the bag sealer will be 8516.79.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other electrothermic appliances.” The rate of duty will be 2.7 percent ad valorem.

The applicable subheading for the screw-unscrew cap for bags will be 3923.50.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Stoppers, lids, caps and other closures of plastic.” The rate of duty will be 5.3 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.

If you decide to resubmit your request for a ruling on the classification of the sample labeled ITEM NUMBER 2 and referred to in your letter as a chain lock to use on wood or metal doors, please provide answers the requests listed below.

Give a detailed explanation of how the Chain lock functions.

Is the Chain Lock a key, combination, or electronically operated? Explain in detail.

Provide a component breakdown by weight. If the Chain Lock is made of more than one type of metal, provide a breakdown of each metal.

Please include all of the material that we have returned to you for ITEM NUMBER 2 and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section for National Import Specialist Barbara Kaiser.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division