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NY F87857




June 12, 2000

CLA-2-85:RR:NC:1:112 F87857

CATEGORY: CLASSIFICATION

TARIFF NO.: 8507.80.8000

Mr. Mitchell Neriah
Mitchell Neriah Customs Consulting Services 415 S. Prospect Ave. Ste. 110
Redondo Beach, CA 90277

RE: The Tariff Classification of Rechargeable Nickel-Metal Hydride (NiMH) Battery Pack from Germany.

Dear Mr. Neriah:

In your letter dated May 30, 2000, on behalf of Toshiba America Information Systems, Inc., you requested a tariff classification ruling.

As described in your letter, the battery pack consists of six nickel-metal hydride (NiMH) cells encased in a plastic housing containing two metal contacts. The battery has a voltage output of 7.2 volts and 40 mA. The battery is permanently installed in Toshiba notebook computers, and is used to power certain functions when the main sources of electric power (A/C or Li-ion battery pack) are not being used. These functions include the notebook’s internal clock and calendar, and various other settings. It is not intended to be the main power source for running the notebook PC.

The applicable subheading for the rechargeable nickel-metal hydride (NiMH) battery pack will be 8507.80.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for other storage batteries: Other. The rate of duty will be 3.4 percent ad valorem.

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,
National Commodity

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