The tariff classification of Duracell Powersource Mobile Mini from an unspecified country

N053823 March 24, 2009 CLA-2-85:OT:RR:NC:N1:109 CATEGORY: Classification TARIFF NO.: 8504.40.9550 Ms. Courtney Cabin Customs Brokerage Compliance Phoenix International Freight Services, Ltd. 855 IL Route 83 Bensenville, IL 60106-1219 RE: The tariff classification of Duracell Powersource Mobile Mini from an unspecified country Dear Ms. Cabin: In your letter dated February 23, 2009, on behalf of Old World Industries Incorporated, you requested a tariff classification ruling. The sample which you submitted is being retained by this office. The merchandise subject to this ruling is the Duracell Powersource Mobile Mini. The product literature identifies it as Product Number 852-0257. The unit measures 2.6 inches in length by 0.95 in width by 3.25 inches in height. It is a portable power source designed to provide 5 volts USB DC to power and charge PDAs, iPODs, Blackberries, cellular phones, digital cameras and most other consumer electronics with USB power ports. The mobile mini can be recharged by using the AC Charger Adapter, DC Charger Adapter, or the USB Charging Cable, which is supplied with the unit. Either the USB port or the mini USB arm is used to connect to the electronic device for immediate power and recharging of the battery. Advanced safety features are built into the Duracell PowerSource Mini, such as electronic overload protection, auto-resettable fuses on the USB outputs, low battery voltage shutdown, high-input voltage protection, over-temperature protection and output short circuit protection. You suggested Harmonized Tariff Schedule of the United States (HTSUS) subheading 8504.40.9540, which provides for “Rectifiers and rectifying apparatus: Power supplies: Other.” However, the Duracell Powersource Mobile Mini provides power and recharges the battery within a device. As such, it is a power supply and a battery charger, which is more specifically provided for under HTSUS subheading 8504.40.9550 as a “Rectifier and rectifying apparatus: Other.” The applicable subheading for the Duracell Powersource Mobile Mini will be 8504.40.9550, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Rectifiers and rectifying apparatus: Other.” The rate of duty will be 1.5% ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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 Linda M. Hackett at (646) 733-3015. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division