August 30, 2006 CBP Bulletin Notice on Certain Batteries and Battery Chargers
In the August 30, 2006 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 40, No. 36), CBP issued notices modifying one classification ruling and revoking one classification ruling on certain batteries and battery chargers. CBP states that it is also revoking any treatment it has previously accorded to substantially identical transactions.
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
According to CBP, this modification and revocation are effective for merchandise entered or withdrawn from warehouse for consumption on or after October 29, 2006. CBP also states that these notices cover any rulings on the subject merchandise that may exist but have not been specifically identified.
Revocation or Modification of Two Classification Rulings
Certain batteries and battery chargers. The items at issue are: (1) a nickel cadmium storage battery and a battery charger, both designed to power a footwarmer, and not attached to one another; and (2) a solar powered battery charger with rechargeable battery.
CBP is issuing HQ 968226 in order to revoke HQ 955105, as well as HQ 968227 in order to modify NY G87863, and reclassify the subject merchandise under HTS 8504.40.9550, which provides for "Electrical transformers, static converters (for example, rectifiers) and inductors; parts thereof: Static converters: other: rectifiers and rectifying apparatus: other;" rather than under subheadings of HTS 8507 as electric storage batteries.
CBP has previously stated that based on its recent review of HQ 955105 and NY G87863, it determined that the classification for the batteries and battery chargers is incorrect. Among other things, CBP notes that prior to initial use, the storage batteries must be fully charged in order to be useful and that every time the batteries need charging, the charger must be used. Therefore, CBP finds that that the battery charger is essential to the effectiveness of the storage batteries.
In addition, CBP states that it has previously held, in relation to similar merchandise, that the battery-charging component imparts the set's essential character because the purpose of the set is to charge batteries. Furthermore, the main reason for purchasing the set is not to obtain the batteries, but rather to obtain a device which increases the need to periodically purchase new batteries.
Therefore, by application of General Rule of Interpretation (GRI) 3(b), CBP finds that the purpose of the subject battery charger sets is to charge batteries, and such sets are provided for under HTS 8504.40.9550.
new: 8504.40.9550, 1.5%; previous: 8507.30.00 (1993), now 8507.30, 2.5%; 8507.20.8030, 3.5%.
(See ITT's Online Archives or 07/14/06 news, 06071455, for BP summary of the proposed rulings on the subject merchandise.)
August 30, 2006 CBP Bulletin (Vol. 40, No. 36) available athttp://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2006/vol40_08302006_no36/