CLA-2-85:RR:NC:MA: 112 A87008

Ms. Kathleen Queenan
John S. Connor, Inc.
Dulles International Airport
Bays 51-54, P.O. Box 16182
Washington, DC 20041-0182

RE: The tariff classification of nickel-hydrogen batteries from France

Dear Ms. Queenan:

In your letter dated August 5, 1996, on behalf of CTA Space Systems, Inc., you requested a tariff classification ruling.

As indicated by the submitted literature, the nickel-hydrogen batteries consist of three batteries per set, with each battery consisting of 22 nickel-hydrogen hermetically sealed cells affixed to a baseplate and connected in series. These batteries operate as a secondary power source for a direct broadcast satellite.

The applicable subheading for the nickel-hydrogen batteries will be 8507.80.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for other electric storage batteries: Other. The rate of duty will be 4.4 percent ad valorem. Classification under subheading 8803.90.3000, HTS, which covers parts of communications sattelites, is not applicable in light of Additional U.S. Rule of Interpretation 1(c).

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 David Curran at 212-466-5680.

Sincerely,

Roger J. Silvestri
Director
National Commodity
Specialist Division