The tariff classification of battery chargers from China

N305620 August 30, 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 item under consideration is identified as the Battery Charger, Part # U90061R01, which is described as a charger for the VOCSN life support device batteries. The Battery Charger consists of a plastic housing, two battery slots, charge and fault indicators, and internal charge circuitry. The VOCSN, which stands for Ventilation, Oxygen, Cough, Suction, and Nebulization, is a separate machine that combines five respiratory therapies into one portable unit. The Battery Charger is stated to have a charging output of 16.8 VDC at 65 Watts and is used exclusively with VOCSN machine batteries. We would note that the subject charger does not supply power directly to the machine but only charges the batteries. The applicable subheading for the Battery Charger, Part # U90061R01, will be 8504.40.9550, Harmonized Tariff Schedule of the United States (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 charger 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 Battery Charger is specially designed to work exclusively with the VOCSN life support device. Based on the information you provided, the VOCSN machine is intended for use by individuals who suffer from chronic respiratory illnesses and who require supplementary oxygen, ventilation, cough assist, etc. 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 Battery Charger, Part # U90061R01, 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