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NY 810662





May 23, 1995

CLA-2-84:S:N:N1:110 810662

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.99.1500

Mr. Dennis Macias
Expeditors International of Washington, Inc. 578 Eccles Avenue
So. San Francisco, CA 94080

RE: The tariff classification of a Remote Power Manager from Korea.

Dear Mr. Macias:

In your letter dated May 2, 1994, on behalf of Server Technology, you requested a tariff classification ruling.

The merchandise under consideration involves a "Sentry" Remote Power Manager that is basically an intelligent, microprocessor based controller that interfaces with a remote host computer, and the companion intelligent power module.

This device is considered to be a freely programmable device that is accessed by a modem call from a personal computer. It can power-on, power off, a power module, to re-boot a remote network device whose power cable is plugged into a power module. It can also control AC power flow to many types of geographically distributed devices like modems, routers, gateways, and hubs in a LAN configuration. This controller is activated by direct RS- 232 signals and operates as a local power controller. In this mode, the Power Manager is connected to a host computers RS-232 port, a PBX data adapter or a communications terminal server.

Noting Legal Note 5 (B) to Chapter 84 of the HTS, this device would appear to meet the definition of a "unit" of an ADP system.

The applicable subheading for the Remote Power Manager (Controller) will be 8471.99.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for control or adapter units. The rate of duty will be free.
This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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