Mr. Troy Fargey
108-2999 Underhill Ave
Burnaby, BC V5A 3C2
Date of ruling:
This is in response to a request submitted on your behalf by GHY for an advance ruling on the tariff classification of EnerPlex Jumpr charge packs. The products are manufactured by Ascent Solar, Thornton, CO, USA.
|TRS Number:||276897 (Lithium-Ion)
|Classification Number:||8507.60.90.00 (Lithium-Ion)
The goods subject to this advance ruling request are five related charge packs. The specific models are:
EnerPlex Jumpr Stack Chargepack Combo Pack 1600mAh (Lithium-Ion)
EnerPlex Grey Jumpr Mini-L Chargepack 1700mAh (Lithium-Polymer)
EnerPlex Jumpr Slate 5k Ultra Slim Chargepack 5100mAh (Lithium-Polymer)
EnerPlex Jumpr Slate 5k-L Ultra Slim Chargepack 5100mAh (Lithium-Polymer)
EnerPlex Jumpr Slate 10k Ultra Slim Chargepack 10000mAh (Lithium-Polymer)
These goods are portable batteries that can directly charge smartphones, digital cameras, and other portable electronic devices capable of being charged via USB. The charge packs contain either a lithium-ion or lithium-polymer battery, depending on the model, in a plastic enclosure. The units have a 5-volt DC USB input for charging the unit, and 1 or 2, 5-volt DC USB or Lightning output connections for charging devices. The “mini” and “stack” units have additional input and output connections so they can be stacked and simultaneously charge from connection to a single power source. All units can charge device(s) while they themselves are being charged.
The units support a range of input amperage, generally 0.4 to 2 amps. The “mini” and “stack” units output 1 amp. The “slate” units have dual outputs. Two of the “slates” output 1 amp through one port and 2.4 amps through the other. The largest “slate” unit has dual 2.4 amp output.
The units come with a USB cable so that one can charge the battery from any standard 5-volt USB port. The units do not come with a wall transformer for direct charging from the mains. The manufacturer recommends using a charger which comes with one of the user’s devices to be charged to charge the charge packs from the mains. The units regulate output voltage to ensure standard 5-volt output is provided to the device being charged via the USB output port.
Analysis and Justification
Heading 85.04 is first considered. It provides for, amongst other things, static converters. Regard is given to the Explanatory Notes to this heading, Part (II), which states “[t]he apparatus of this group are used to convert electrical energy in order to adapt it for further use”. As the goods at issue input and output 5-volt direct current, they do not adapt electrical energy for further use; therefore, no further consideration is given to this heading.
Heading 85.07 is then considered, as it covers accumulators. Rechargeable batteries are accumulators. Regard is given to the Explanatory Notes to this heading, which states:
Accumulators containing one or more cells and the circuitry to interconnect the cells amongst themselves, often referred to as "battery packs", are covered by this heading, whether or not they include any ancillary components which contribute to the accumulator’s function of storing and supplying energy, or protect it from damage, such as electrical connectors, temperature control devices (e.g., thermistors), circuit protection devices, and protective housings.
Section 10 of the Customs Tariff directs that classification of imported goods shall be determined in accordance with the General Rules for the Interpretation of the Harmonized System. Section 11 of the Customs Tariff states that in interpreting the headings and subheadings, regard shall be had to the World Customs Organization's (WCO) Explanatory Notes to the Harmonized Commodity Description and Coding System.
General Interpretative Rule 1 (GIR 1) directs that titles of Sections, Chapters and sub-Chapters are provided for ease of reference only. For legal purposes, classification shall be determined according to the terms of the heading and any relative Section and Chapter Notes. Similarly, General Interpretative Rule 6 (GIR 6) directs that classification shall be determined according to the terms of those subheadings and any related Subheading Notes.
The EnerPlex Jumpr charge packs, utilizing lithium-ion batteries, are classified under 8507.60.90.00, as lithium-ion accumulators, in accordance with General Interpretative Rules (GIRs) 1 and 6.
The EnerPlex Jumpr charge packs utilizing lithium-polymer batteries are classified under 8507.80.90.00, as other accumulators in accordance with GIRs 1 and GIR 6.
This ruling has been issued under paragraph 43.1(1)(c) of the Customs Act and will be honoured by the CBSA for future importations of the goods specified, provided the material facts and circumstances remain as originally presented; all conditions in the ruling have been met; the ruling has not been modified, revoked, revised, or cancelled; and the Customs Tariff legislation has not changed. Should there be a change in the material facts or circumstances pertaining to the goods, you must notify the CBSA as soon as possible. You may request that the advance ruling be modified or revoked as of the date of the change.
Importers should quote the advance ruling number at the time of importation in either the description field of the B3 entry document or on the Canada Customs Invoice. Exporters or producers should quote the advance ruling number on the Certificate of Origin or commercial invoice accompanying the goods.
Should you disagree with this advance ruling, you may file a dispute notice under subsection 60(2) of the Customs Act within 90 days of the date of issuance. Please see the procedures outlined in Appendix C of the CBSA’s Memorandum D11-11-3, Advance Rulings for Tariff Classification.
Please be advised that the goods covered by this advance ruling are provided for in a specific tariff provision that is considered reason to believe for the purposes of section 32.2 of the Customs Act and the CBSA’s Administrative Monetary Penalty System, described in Memorandum D22-1-1. In the event that you have been classifying these goods elsewhere in the tariff, you are obligated to self-correct. See Memorandum D11-6-6 for information on self-correction/self-adjustment.
All D-Memoranda referenced in this letter may be accessed on the CBSA website.
Consent to the Public Release of the Advance Ruling
As per your consent statement, we will release this advance ruling to the public, in both official languages, in accordance with the procedures described in Memorandum D11-11-3.
Manager, Tariff Policy Unit B
Trade Policy Division
- Date modified: