CLA-2-85:OT:RR:E:NC:1:110

Ms. Pam S. Eshleman
Warn Industries, Inc.
12900 SE Capps Rd.
Clackamas, OR 97015

RE: The tariff classification of a Battery Clamp Kit from China.

Dear Ms. Eshleman:

In your letter dated June 6, 2009, you requested a tariff classification ruling.

The merchandise under consideration is a Battery Clamp Kit. This kit consists of two alligator jumper cable clamps, installation hardware and instructions packaged together ready for retail sale in a plastic bubble pack.

The two alligator clamps are common to the clamps used on most motor vehicle jumper cables. These clamps are spring-loaded jaws made of base metal with insulated rubber sleeves on each handle, one with red sleeves for connecting to the positive (+) side of a battery and one with black sleeves for connecting to the negative (-) side of a battery. They are designed for replacing worn clamps or creating new jumper cables. Cables are connected to the clamp handles by the provided hardware consisting of socket button head screws and flange nuts.

U.S. Customs and Border Protection’s current position on the classification of alligator and alligator-type clips configured for electrical connections is reflected in HQ 968094 and HQ 968095, both dated April 21, 2006.

The applicable subheading for the Battery Clamp Kit will be 8536.90.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits…for a voltage not exceeding 1,000 V: Other apparatus: Terminals, electrical splices and electrical couplings; wafer probers.” The general 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 Thomas Campanelli at (646) 733-3016.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division