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

Ms. Cathy Korb
Import Manager
UTi, United States Inc.
5823 Barry Road
Tampa, FL 33634

RE: The tariff classification of battery packs from China

Dear Ms. Korb:

In your letter dated October 27. 2009 you requested a tariff classification ruling.

The merchandise subject to this ruling is three different battery packs. They are identified as a Lipo Race Pack 3200, Lipo Race Pack TRI20811, and Lipo Race Pack TRI20193. The Lipo Race Pack 3200 consists of one rechargeable lithium polymer (Li-Po) battery with attached connector plugs. The Lipo Race Pack TRI20811 consists of two rechargeable lithium polymer (Li-Po) batteries with unattached connector plugs, and Lipo Race Pack TRI20193 consists of one rechargeable lithium polymer (Li-Po) battery with attached connector plugs. These batteries are used for remote control (RC) cars and planes. A sample of each battery pack was submitted for classification purposes.

The applicable subheading for the battery packs (Lipo Race Pack 3200, Lipo Race Pack TRI20811, and Lipo Race Pack TRI20193) will be 8507.80.8050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Electric storage batteries: Other storage batteries: Other." The rate of duty will be 3.4 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 .

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division