The tariff classification of battery chargers from China

N306125 September 19, 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 September 5, 2019 you requested a tariff classification ruling. There are three items submitted for our review that are identified as Lithium Ion Battery Chargers, Part Numbers U90037, U90037-1, and U90037-2. You state that each charger is identical and the individual part numbers represent the country specific electrical adapter that is packaged with the charger. The chargers under consideration are described as 12.6 VDC 4 Amp chargers used exclusively with the CareFusion LTV II portable ventilator for the purpose of charging the ventilator’s lithium batteries. The subject chargers have a plastic enclosure, two specialized slots for the batteries to be inserted into, and six status LEDs that indicate the charging status and any charger or battery error conditions. We would note that the chargers do not supply power directly to the portable ventilator. The applicable subheading for the Lithium Ion Battery Chargers, Part Numbers U90037, U90037-1, and U90037-2, 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 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 CareFusion LTV II portable ventilators. Based on the information you provided, the CareFusion LTV II portable ventilators are intended for use by individuals who suffer from chronic respiratory illnesses and who require assisted breathing 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 Lithium Ion Battery Chargers, Part Numbers U90037, U90037-1, and U90037-2, 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