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NY N003354




November 22, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8507.80.8000

Mr. Cory C. Colson
Sales Assistant
Hyperion Innovations, Inc.
DBA Coldheat
1750 112th Avenue NE Suite C100
Bellevue, WA 98004

RE: The tariff classification of a rechargeable battery from China

Dear Mr. Colson:

In your letter dated November 13, 2006, you requested a tariff classification ruling.

The merchandise subject to this ruling is rechargeable battery. The item is referred to in your letter as a “Coldheat” rechargeable battery. This rechargeable battery is composed of nickel metal hydride (NiMH). This item is for use in the “Coldheat” heated seat cushion and a “Coldheat” heated pet bed. A Xerox copy of the product was furnished with your submission.

The applicable subheading for the rechargeable battery will be 8507.80.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electric storage batteries, including separators therefor, whether or not rectangular (including square); parts thereof: Other storage batteries: Other.” The rate of duty will be 3.4 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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