The tariff classification of battery chargers from China

N305616 August 28, 2019 CLA-2-85:OT:RR:NC:N2:220 CATEGORY: Classification TARIFF NO.: 8504.40.9550; 9817.00.96 Jim Sides Totex Manufacturing, Inc. 3050 Lomita Blvd Torrance, CA 90505 RE: The tariff classification of battery chargers from China Dear Mr. Sides: In your letter dated August 2, 2019 you requested a tariff classification ruling. The first item under consideration is identified as the Lithium Ion Battery Charger, Part # U90020-1, which is described as a 16.8 VDC, 50 Watt charger for batteries used exclusively with a Caire Eclipse Portable Oxygen Concentrator (POC). The function of the battery charger is to charge lithium batteries for the POC and we would note that the unit does not supply power directly to the POC machine. The battery charger, which has two specialized connectors where users insert a Caire Eclipse POC battery, is equipped with status indicators showing the charge level of the inserted battery. The second item under consideration is identified as the Lithium Ion Battery Charger, Part # U90052R02, which is described as a 19 VDC, 60 Watt charger for batteries used exclusively with the Caire Freestyle Comfort POC. The function of the battery charger is to charge lithium batteries for the POC and we would note that the unit does not supply power directly to the POC machine. The battery charger, which has two specialized connectors where users insert a Caire Freestyle Comfort POC battery, is equipped with status indicators showing the charge level of the inserted battery. The third item under consideration is identified as the Lithium Ion Battery Charger, Part # U90052, which is described as a 19 VDC, 60 Watt charger for batteries used exclusively with the Caire Freestyle Comfort POC. The function of the battery charger is to charge lithium batteries for the POC and we would note that the unit does not supply power directly to the POC machine. The battery charger, which has two specialized connectors where users insert a Caire Freestyle Comfort POC battery, is equipped with status indicators showing the charge level of the inserted battery. The applicable subheading for the Lithium Ion Battery Chargers, Part # U90020-1, Part # U90052R02, and Part # U90052 will be 8504.40.9550, HTSUS, which provides for “Electrical transformers and static converters…: Other: Rectifiers and rectifying apparatus: Other.” The general rate of duty will be Free. In your submission you request consideration of a secondary classification for the subject battery chargers under 9817.00.96, HTSUS, which applies to articles and parts of articles specially designed or adapted for the use or benefit of the permanently or chronically physically or mentally handicapped. Chapter 98, Subchapter XVII, U.S. Note 4(a), HTSUS, defines the term “blind or other physically or mentally handicapped persons” as including “any person suffering from a permanent or chronic physical or mental impairment which substantially limits one or more major life activities, such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking breathing, learning, or working.” You state that the subject battery chargers are specially designed to work exclusively with the various Inogen POCs. Based on the information you provided, oxygen concentrators are intended for use by individuals who suffer from chronic respiratory illnesses who require supplementary oxygen to accomplish their ongoing major life activities. In our view, chronic respiratory illness satisfies the description set forth in Chapter 98, Subchapter XVII, U.S. Note 4(a). As such, a secondary classification will apply to the Lithium Ion Battery Chargers, Part # U90020-1, Part # U90052R02, and Part # U90052, under 9817.00.96, HTSUS, which affords free duty treatment aside from any additional duties and/or applicable fees upon importation into the United States. 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 the World Wide Web at https://hts.usitc.gov/current. 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 Karl Moosbrugger at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division