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NY A85360

July 19, 1996

CLA-2-90:RR:NC:GI:105 A85360


TARIFF NO.: 9030.39.0040

Joseph J. Kenny
Liberty International, Inc.
470 Main Street
Pawtucket, RI 02860

RE: The tariff classification of a battery rack with tester from China

Dear Mr. Kenny:

In your letter dated June 27, 1996, you requested a tariff classification ruling on behalf of Merchants Overseas, Inc.

The article is called "The Battery Rack with Built-in Battery Tester." It is a plastic frame with slots which are sized to store a number of batteries of five different sizes. At the top of the frame is a testing device which determines whether the battery being tested is good or needs to be replaced by measuring the voltage. We consider this tester to give the rack its essential character.

The applicable subheading for the rack with tester will be 9030.39.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for other instruments and apparatus for measuring or checking electrical quantities, ...for measuring or checking voltage...without a recording device, ...other. The rate of duty will be 3.6 Percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). It is binding only on the party to whom it is issued and may be relied on only by that party.

A copy of this 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 this ruling, contact National Import Specialist Eric Francke at (212) 466-5669.


Roger J. Silvestri

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