CLA-2-85:RR:NC:MA: 112 A81575

Mr. Enrique Areliano
Parker & Co.
403 E. Texano Dr.
Hidalgo, TX 78557

RE: The tariff classification of a nickel-cadmium battery cell from China

Dear Mr. Areliano:

In your letter dated March 11, 1996, on behalf of Absolute Battery, Inc., you requested a tariff classification ruling.

The submitted sample consists of a nickel-cadmium cell which is to be assembled into a battery pack for use in laptop computers and radio communication systems.

The applicable subheading for the nickel-cadmium battery cell will be 8507.30.8010, Harmonized Tariff Schedule of the United States (HTS), which provides for sealed nickel-cadmium storage batteries, other than the type used as the primary source of electrical power for electrical vehicles. The rate of duty will be 4.1 percent ad valorem. Your letter states that these are dry primary battery cells, and you suggest classification under heading 8506, HTS, as primary cells. This heading is not applicable since primary cells are incapable of recharging and the nickel-cadmium cells under review can be recharged, albeit not until they are incorporated into the finished battery pack.

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.


Roger J. Silvestri
National Commodity
Specialist Division