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HQ 955498

February 18, 1994

CLA-2 CO:R:C:M 955498 DWS


TARIFF NO.: 8507.20.80

Ms. Dody Trombley
Regional Manager - Post Entry Operations
F.W. Myers & Co., Inc.
33 West Service Road
P.O. Box 188
Champlain, NY

RE: "Booster Pac"; Lead-Acid Storage Battery; GRI 3(b); Explanatory Note 3(b)(VIII); HQ 954061

Dear Ms. Trombley:

This is in response to your letter of November 23, 1993, on behalf of Trans-Canada Batteries Inc., to the Area Director of Customs, New York Seaport, concerning the classification of the "Booster Pac" under the Harmonized Tariff Schedule of the United States (HTSUS). Your letter has been referred to this office for a response.


The merchandise consists of the "Booster Pac" (model ES 2500), a product of Canada, a composite good comprised of a 12 volt (V) DC portable power supply (lead-acid battery), a battery booster, and a charger. The "Booster Pac" has numerous uses, including emergency jump starting for various vehicles, a power supply for various appliances, and recharging batteries.

The subheading under consideration is as follows:

8507.20.80: [o]ther lead-acid storage batteries: [o]ther.

The general, column one rate of duty for goods classifiable under this provision is 5.3 percent ad valorem.


Whether the "Booster Pac" is a composite good, the essential character of which is imparted by the power supply, classifiable under subheading 8507.20.80, HTSUS, as an other lead-acid storage battery.


Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification is determined according to the terms of the headings and any relative section or chapter notes.

Because the "Booster Pac" is a composite good, GRI 3(b) must be consulted. It states that:

[m]ixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, which cannot be classified by reference to 3(a), shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable.

In understanding the language of the HTSUS, the Harmonized Commodity Description and Coding System Explanatory Notes may be utilized. The Explanatory Notes, although not dispositive, are to be used to determine the proper interpretation of the HTSUS. 54 Fed. Reg. 35127, 35128 (August 23, 1989). Explanatory Note 3(b)(VIII) (p. 4) states that:

[t]he factor which determines essential character will vary as between different kinds of goods. It may, for example, be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods.

It is our position that the power supply imparts the essential character of the "Booster Pac". The primary purpose of the merchandise is as a power source, and the power supply accomplishes this purpose. See HQ 954061, dated May 13, 1993.

Consequently, the "Booster Pac" is classifiable under subheading 8507.20.80, HTSUS, which specifically describes the power supply.


The "Booster Pac" is a composite good classifiable under subheading 8507.20.80, HTSUS, as an other lead-acid storage battery.


John Durant, Director

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