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NY D85262




December 24, 1998

CLA-2-85:RR:NC:MM:109 D85262

CATEGORY: CLASSIFICATION

TARIFF NO.: 8504.40.7012, 8504.40.7018

Dana L. Trout
Vice President/Imports
Trans-Trade, Inc.
Alliance Airport
2421 Westport Pkwy.
Ste. 600
Fort Worth, TX 76117

RE: The tariff classification of the Powermind LAN Series (PML) uninterruptible power supplies from Taiwan

Dear Ms. Trout:

In your letter, dated November 24, 1998, you requested a tariff classification ruling on behalf of Para Systems, Incorporated, Carrollton, Texas.

Your letter and submitted literature cover five series of uninterruptible power supplies. The Powermind LAN Series (PML) is one of the series covered by your request. This is a series of uninterruptible power supplies. There are four models in this series:

Model PML 600 - 600 VA/400 W
Model PML 900 - 900 VA/630 W
Model PML 1250 - 1250 VA/900 W
Model PML 2000 - 2000 VA/1600 W

The principle use of this series, as stated in the literature, is for Local Area Networks (LANs). Features include intelligent microprocessor, line-interactive design, true sinewave output, full protection from sags, surges, spikes and blackouts, automatic frequency selection (50 or 60 Hz), load indicator, overload status indicator in AC and DC modes, etc.

The applicable subheading for Model PML 600 will be 8504.40.7012, Harmonized Tariff Schedule of the United States (HTS), which provides for "[s]tatic converters: [p]ower supplies for automatic data processing machines or units thereof of heading 8471: [o]ther: [w]ith a power output exceeding 150 W but not exceeding 500 W." The rate of duty will be free. In 1999 the rate of duty will remain unchanged.

The applicable subheading for Model PML 900, Model PML 1250, and Model PML 2000 will be 8504.40.7018, Harmonized Tariff Schedule of the United States (HTS), which provides for "[s]tatic converters: [p]ower supplies for automatic data processing machines or units thereof of heading 8471: [o]ther: [o]ther." The rate of duty will be free. In 1999 the rate of duty will remain unchanged.

With regard to the other series of uninterruptible power supplies, we are returning your request for a classification ruling, and any related samples, exhibits, etc., because of non-conformity with the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). Additional information is required as indicated below:

The literature for the remaining series indicates multiple uses. Please document the principal use of each of the remaining uninterruptible power supplies. If a principal use can not be determined please provide a statement to that effect. Please note that each request is limited to five specific items.

When this information is available, you may wish to consider resubmission of your requests on the remaining series. If you decide to resubmit your requests, please include all of the material that we have returned to you.

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 Eileen S. Kaplan at 212-466-5673.

Sincerely,

Robert B. Swierupski
Director,

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