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NY J80048




February 7, 2003

CLA-2-85:RR:NC:1:112 J80048

CATEGORY: CLASSIFICATION

TARIFF NO.: 8507.80.8000

Mr. Douglas P. Beebe
Affiliated USA, Inc.
193 West Service Road
Champlain, NY 12919

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of an electric accumulator from Canada; Article 509

Dear Mr. Beebe:

In your letter dated January 9, 2003, on behalf of Corporation Avestor, Inc., you requested a ruling on the status of an electric accumulator from Canada under the NAFTA.

As indicated by the submitted information, the accumulator is identified as a Model NPS-5 lithium-metal-polymer electrical accumulator, which is an electric storage battery. It is used in various industrial applications.

The applicable tariff provision for the Model NPS-5 lithium-metal-polymer electrical accumulator will be 8507.80.8000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other storage batteries: Other. The general rate of duty will be 3.4 percent ad valorem.

Each of the non-originating materials used to make the electrical accumulator has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/85.13(A). The electric accumulator will 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 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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