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NY 881920




January 25, 1993

CLA-2-90:S:N:N1:104 881920

CATEGORY: CLASSIFICATION

TARIFF NO.: 9030.39.0040

Mr. Bill Jerome
H.A. & J.L. Wood, Inc.
Pembina, North Dakota 58271

RE: The tariff classification of battery testers from Canada.

Dear Mr. Jerome:

In your letter dated January 6, 1993 on behalf of Battery Master Inc. of Calgary, Alberta, Canada you requested a tariff classification ruling.

The Battery Master is a device designed to manage industrial batteries by monitoring the level of charge remaining in the batteries amd indicating the proper time to charge. The instrument's display has a green, a yellow and a red light, each with its own instruction message. When the green light is on, the corresponding instruction is DO NOT CHARGE. The battery has sufficient charge to complete another shift. The yellow light indicates O.K. TO CHARGE. The battery has sufficient charge remaining to complete the present shift but cannot complete a second consecutive shift without incurring a midshift battery charge. The red light indicates MUST CHARGE. There is also a fault light indicator that detects battery deficiencies as they occur.

The applicable subheading for the Battery Master will be 9030.39.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for other instruments and apparatus, for measuring or checking voltage, current, resistance or power, without a recording device: other. The duty rate will be 4.9 percent.

Goods classifiable under subheading 9030.39.0040, HTS, which have originated in the territory of Canada, will be entitled to a 2.4 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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