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NY J81308




February 21, 2003

CLA-2-85: RR: NC: 1:108 J81308

CATEGORY: CLASSIFICATION

TARIFF NO.: 8529.90.9900

Mr. Stephen Cock
Vantis Custom House
1st floor, Pheonix House
59 Lingfield Road
East Grinstead
West Sussex RH19 2EU

RE: The tariff classification of battery packs from England.

Dear Mr. Cock:

In your letter dated February 13, 2003, on behalf of your client Matsushita Mobile Communication development of Europe, Ltd., you requested a tariff classification ruling.

The item in question is denoted as the GSM GD30 battery pack for use with a mobile telephone. This particular battery pack is designed as an integral part of the mobile telephone. The battery pack incorporates battery leads, terminals and battery contacts. It also incorporates a polyswitch, which has internal resistance that varies with temperature and also rises in temperature when the current passed is increased. It also incorporates a printed circuit board configured between the lithium ion battery cells and the terminals. The battery pack is designed to be mounted onto the rear of the phone. Its casing is welded together to prevent outside access to the cell pack. This particular battery pack serves as the sole source of power to the mobile telephone. It is designed for exclusive use with the mobile phone and forms a large part of the phone.

Upon review of the specifications and descriptive literature this battery pack conforms to the parameters and qualifications specified in HQ Ruling 965130 dated March 27, 2002. Therefore classification will be consistent with this ruling.

The applicable subheading for the GSM GD30 battery pack for a mobile telephone will be 8529.90.9900, Harmonized Tariff Schedule of the United States (HTS), which provides for Parts suitable for use solely or principally with the apparatus of headings 8525 to 8528: Other: Other: Other. The rate of duty will be free.

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 Michael Contino at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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