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

Mr. Brian Kavanaugh
Deringer Logistics Consulting Group
173 West Service Road
Champlain, NY 12919

RE: The tariff classification of a rechargeable lithium-ion battery pack from Canada

Dear Mr. Kavanaugh:

In your letter dated June 26, 2012, you requested a tariff classification ruling on behalf of your client, EXFO Corporation. A sample of the merchandise was submitted for classification purposes and is being returned to you as per your request.

The merchandise subject to this ruling is an Inspired Energy Rechargeable 10.8V Lithium-Ion Battery Pack (item # NC2560EX). The battery pack is made up of three lithium-ion cells, a protection circuit, an electric accumulator and electronics that enable the battery to communicate with the specific device that it is installed in. The electric accumulator is not a device that recharges the battery. Rather, it enables the battery pack to be recharged and is physically located within it.

The battery pack in question is used in an AXS-200 Handheld Modular Platform that is designed for multilayer testing on both copper wire and optical fiber. The battery pack can also be used in other devices such as medical and military devices as it is not specifically designed for the AXS-200 Handheld Modular Platform.

The applicable subheading for the Inspired Energy Rechargeable 10.8V Lithium-Ion Battery Pack will be 8507.60.0000, 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: Lithium-ion batteries.” 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 Hackett at (646) 733-3015.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division