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NY J85555




July 1, 2003

CLA-2-85:RR:NC:1:112 J85555

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9695

Mr. Kent Sunakoda
James J. Boyle & Co.
2525 Corporate Place, #100
Monterey Park, CA 91754

RE: The tariff classification of a “Battery Guard” from New Zealand

Dear Mr. Sunakoda:

In your letter dated May 30, 2003, on behalf of Nissho Iwai American Corporation, you requested a tariff classification ruling.

As indicated by the submitted sample and descriptive literature, the “Battery Guard” is a device that prevents automotive and boat batteries from accidentally being drained. It measures the battery voltage and current as well as ampere-hour capacity and determines if battery capacity falls below 50 percent. If so, the “Battery Guard” will disconnect all circuits that are powered by the battery. The circuits will be reactivated when either the car door is opened or the ignition key is turned on.

The applicable subheading for the “Battery Guard” will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical machines and apparatus, , not specified or included elsewhere in Chapter 85, HTS. The rate of duty will be 2.6 percent ad valorem.

You have raised the possibility of classification under subheading 9032.89.6085, HTS. This subheading is not applicable since the “Battery Guard” does not bring the battery charge to a desired level, as required by Note 7(b), Chapter 90.

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 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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