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NY I82880




July 2, 2002

CLA-2-85:RR:NC:MM:109 I82880

CATEGORY: CLASSIFICATION

TARIFF NO.: 8504.40.9550

Mr. Peter K. Schlesinger
Atlantic Customs Brokers, Inc.
1975 Linden Boulevard
Elmont, NY 11003

RE: The tariff classification of five Electronic Battery Chargers from Hong Kong

Dear Mr. Schlesinger:

In your letter dated June 5, 2002, you requested a tariff classification ruling on behalf of Guest Co. located at 95 Research Parkway, Meriden, CT 06450.

Your letter requested the classification of 8 different models of Electronic Battery Chargers. However, you have furnished descriptive literature on only 3 Electronic Battery Chargers (Model Numbers 2605A-24, 2905-24, 2904JT-24) and a brochure pertaining to 2 other Electronic Battery Chargers (Model Numbers 2605A-230, 2605A-230UK). We will provide the classification of those 5 Electronic Battery Chargers within this ruling. You may wish to resubmit your request for the other 3 items. In the future, please limit your ruling request to a maximum of 5 items of the same class or kind.

These Electronic Battery Chargers, Model Numbers 2605A-24, 2905-24, 2904JT-24, 2605A-230, 2605A-230UK, are used to charge on-board batteries used in motorized wheelchairs. The chargers, which are plugged into a 60Hz AC outlet and attached to the wheelchair battery, convert AC power and provide 24 volts of DC output. Each of these chargers has dedicated cables for each battery, so each battery can receive individual attention, provides differentiated amperages to each battery depending on its usage curve, and robust circuits designed for continuous use as a power supply.

The applicable subheading for the Electronic Battery Chargers, Model Numbers 2605A-24, 2905-24, 2904JT-24, 2605A-230, 2605A-230UK, will be 8504.40.9550, Harmonized Tariff Schedule of the United States (HTS), which provides for “Static converters: Other, Rectifiers and rectifying apparatus: Other.” The rate of duty will be 1.5 percent ad valorem.

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.

You indicate that you believe a secondary classification under HTS 9817.00.96 applies, citing HRL 557798 BLS, 6-17-94. However, that ruling concerned complete wheelchairs, not battery chargers. You have provided a statement indicating all the imported chargers will be used in Pride Mobility Wheelchairs. However, intended actual use is not the criterion for determining whether an import is “specially designed for adapted” for the handicapped as is clear from the four criteria in 557798. In this case, since the items are not sold directly to the handicapped, but to a manufacturer, criteria 1 and 4 are the most relevant. In particular:

Do both Guest and Speedy-Tech Electronics import and/or produce only battery chargers for motorized wheelchairs? If not, what percent for each are imported and/or produced for other purposes (which state.)?

What physical features, if any, other than minor or cosmetic ones, are the ones that indicate for each model that the battery chargers are specifically designed or adapted for use in charging the batteries in motorized wheelchairs? Would it be feasible to use them to charge other batteries with only minor modifications? If not, why not?

From the information supplied to this point, a secondary classification in HTS 9817.00.96 does not apply.

When the additional information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

If you have any questions regarding the HTS 9817.00.96 status of these items, contact National Import Specialist J. Sheridan at 646-733-3012. For any other questions concerning this ruling, contact National Import Specialist Linda M. Hackett at 646-733-3015.

Sincerely,

Robert B. Swierupski
Director,

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