Barème tarifaire Décisions Mémorandums D Mesures commerciales Exigences PGA Régimes de sanctions

Ruling C-2016-008649

active

&&The good at issue is the EnerPlex Black/Black Surfr Solar battery case for the iPhone 5/5S/SE/6/6S. This is a composite good. The product is a rubberized protective case for the aforementioned iPhone models with a built in 2000 mAh (iPhone 5/5s/SE)/2700 mAh (iPhone 6/6s) lithium-ion battery used to provide external power to the device. The battery can be charged via an AC wall outlet using a conventional wall charger or using the built in solar panel on the case. The ability to charge the built in battery pack via the solar panel is an auxiliary or emergency feature. The good does not come with any wall adapter and it is recommended to use the adapter that comes with the electronic device to which the product is being used to provide extra battery power.&&&&The iPhone is plugged into the micro USB input built into the protective case which then transfers that current to the iPhone. The battery holds direct current (DC) and transfers out DC so there is no conversion of electrical energy within that exchange. This device is capable of converting the voltage of the current to make it useable by the device. The solar panel outputs between 5-7V and the battery requires approximately 3.7V. There is a battery charging circuit in the phone case to charge the battery from the solar panel. The phone case also has a voltage regulator that takes the battery voltage and boosts it to the 5V USB voltage needed by the phone.&&&&The battery pack can be charged with the iPhone in the case or without the iPhone in the case. However, if the iPhone requires charging, the current will go to the iPhone first and only to the battery pack after the iPhone is fully charged. It is not recommended to have the iPhone in the case when using the solar panel to charge the battery pack under direct sunlight, as the heat may damage the iPhone. A fully charged battery pack will provide the phone with at least an additional full charge worth of power.&&

Classification SH

8504.40.90.91

Raisonnement de l'ASFC

&&Based on the description, the goods can be classified in heading 42.02, as cases (containers), and in heading 85.04, as electrical static converters (as they are capable of converting direct current to a different voltage). As a result, General Interpretative Rule (GIR) 1 cannot be used to classify the goods. GIR 2 also cannot resolve the classification. As the goods are prima facie classifiable under two different headings, classification is determined by General Interpretative Rule (GIR) 3. GIR 3(a) cannot be applied because neither heading is more specific than the other. Furthermore, GIR 3(b) cannot be applied because it is not possible to determine whether it is the case (container) or the electrical static converter feature which provide the essential character of the goods. As the goods cannot be classified by application of GIRs 3(a) or 3 (b), classification is determined by GIR 3(c), which directs that goods shall be classified under the heading which occurs last in numerical order among those which equally merit consideration. In this instance, both headings 42.02 and 85.04 equally merit consideration.

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