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NY H88215





March 6, 2002

CLA-2-85:RR:NC:1:112 H88215

CATEGORY: CLASSIFICATION

TARIFF NO.: 8506.60.0000

Mr. Henry Kessler
Renata Consumer Batteries
10455 Olympic Drive
Dallas, TX 75220

RE: The tariff classification of zinc air batteries from Switzerland

Dear Mr. Kessler:

In your letter dated January 31, 2002 you requested a tariff classification ruling.

As indicated by the submitted sample and information, the zinc air batteries are the “button type” that are used in hearing aids, watches, and a number of electronic devices. They are not rechargeable.

The applicable subheading for the zinc air batteries will be 8506.60.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for air-zinc primary cells and primary batteries. The rate of duty will be 2.7 percent ad valorem.

Subheading 9817.00.96, HTS, applies to parts and accessories of articles that are specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons. The technical information provided indicates that these batteries have use in various electronic devices. Accordingly, absent evidence that the batteries are specially designed or adapted for use in hearing aids, subheading 9817.00.96, HTS, would not be applicable.

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 David Curran at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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