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NY E89512




December 1, 1999

CLA-2-85:RR:NC:1:112 E89512

CATEGORY: CLASSIFICATION

TARIFF NO.: 8507.20.8000

Ms. Jill M. Ross
Geologistics America, Inc.
18001 Englewood Drive
Middlesburg Heights, OH 44130

RE: The tariff classification of an energy pack from Germany

Dear Ms. Ross:

In your letter dated October 29, 1999 you requested a tariff classification ruling.

As indicated by the submitted descriptive literature and the information provided, the energy pack consists of lead-acid gel cell battery housed in a carrying case. The top of the case contains electronic connections for battery hook-up, as well as an LED display that provides information on the charged status of the battery. The energy pack is worn over the shoulder with a belt/shoulder strap assembly.

The applicable subheading for the energy pack will be 8507.20.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for other lead-acid storage batteries: Other. The rate of duty will be 3.5 percent ad valorem. However, the HTS has been modified by adding in numerical sequence the following superior text and subheadings to Subchapter III of Chapter 99 to the HTS:

9903.08.14 Lead-acid storage batteries, other than of a kind used for starting piston engines or as the primary source of electrical power for electrically powered vehicles of subheading 8705.90 (provided for in subheading 8507.20.80)

Under this provision, the energy pack from Germany, classified under subheading 8507.20.80, HTS, is subject to a 100 percent ad valorem rate of duty.

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 212-637-7049.

Sincerely,

Robert B. Swierupski
Director,

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