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June 4, 1999

CLA-2-85:RR:NC:1:112 E82385


TARIFF NO.: 8507.30.8010

Mr. Steven B. Zisser
2155 Paseo De Las Americas
San Diego, CA 92173

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of rechargeable batteries and battery packs from Mexico; Article 509

Dear Mr. Zisser:

In your letter dated May 14, 1999, on behalf of Saft America, Inc., you requested a ruling on the status of rechargeable batteries and battery packs from Mexico under the NAFTA.

As indicated by the submitted information and samples, the rechargeable batteries and battery packs are the sealed nickel-cadmium type. All of the components, with the exception of the cover button, pellet and separator bulk, are originating products. However, in accordance with General Note 12(f)(i), the “de minimus” rule will apply to these items.

The applicable tariff provision for the nickel cadmium rechargeable batteries and battery packs will be 8507.30.8010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other nickel cadmium storage batteries. The general rate of duty will be 2.5 percent ad valorem.

The batteries and battery packs, being wholly obtained or produced entirely in the territory of Mexico, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a Free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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 212-637-7049.


Robert B. Swierupski

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