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NY J84662





May 7, 2003

CLA-2-85:RR:NC:MM:109 J84662

CATEGORY: CLASSIFICATION

TARIFF NO.: 8504.40.8500

Mr. Robert L. Gardenier
M.E. Dey & Co.
Custom House Brokers
5007 South Howell Avenue
P.O. Box 370080
Milwaukee, WI 53237-0080

RE: The tariff classification of an Emergency Cell Phone Charger from an unspecified country

Dear Mr. Gardenier:

In your letter dated April 22, 2002, you requested a tariff classification ruling on behalf of Innovative Solutions & Technologies.

The merchandise is described in your letter as an Emergency Cell Phone Charger. It is used to recharge a cellular telephone’s battery. The charger automatically reduces the charge current to the battery as the telephone’s battery becomes charged. The charging rate is temperature independent. The charger contains an LED, which gives off light for a 5-minute duration after 30 seconds of cranking at a rate of 2 revolutions per second. The LED will remain glowing for up to 6 hours, slowly losing intensity over time.

The cell phone charger has a DC voltage output of 5.1 volts + or - .2 volts at a crank speed of 2 revolutions per second or greater. The maximum charging amperage is 400 milliamps + or - 50 milliamps at revolutions per second and 200 milliamps + or - 20 milliamps at 2 revolutions per second. It has an average charging voltage of 1 volt above battery voltage at 2 revolutions per second.

The applicable subheading for the Emergency Cell Phone Charger will be 8504.40.8500, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electrical transformers, static converters (for example, rectifiers) and inductors; parts thereof: Static converters: For telecommunication apparatus.” 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 Linda M. Hackett at 646-733-3015.

Sincerely,

Robert B. Swierupski
Director,

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