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NY K80314




November 13, 2003

CLA-2-85:RR:NC:MM:109 K80314

CATEGORY: CLASSIFICATION

TARIFF NO.: 8504.40.7012 8514.40.7018

Ms. Rick Wilson
Manager, Import/Export Compliance
Liebert Corporation
1050 Dearbon Drive
Columbus, OH

RE: The tariff classification of Uninterruptible Power Supplies (UPS) from an unspecified country

Dear Mr. Wilson:

In your letter dated October 22, 2003, you requested a tariff classification ruling.

The merchandise is described in your letter as Uninterruptible Power Supplies (UPS). These UPSs’ connect directly the USB port of a personal computer to provide power in the event of power loss or outage. User Manuals were furnished for four different types of UPSs. They are PowerSure PST 350-500 VA 120V, PowerSure PSP 350-650 VA 120V, PowerSure PSA 350-1000 VA 120V, and the PowerSure PSI 1000-3000 VA 120V.

The PowerSure PST 350-500 VA 120V is a UPS designed for data processing equipment and provides filtered AC power. This UPS has a power output of 225 to 300 watts. It connects to the USB port on a personal computer. During normal mode operation, the PowerSure PST supplies conditioned, computer-grade power to the connected equipment. The PowerSure PST continuously monitors the batteries to maintain them in a fully charged state. The battery charger operates whenever AC power is present, even if the UPS is switched off. The UPS performs an automatic battery test after it has been operating continuously for two weeks.

PowerSure PSP 350-650 VA 120V is a UPS designed for desktop applications and provides filtered AC power. This UPS has a power output of 210 to 390 watts. It connects to the USB port on a personal computer. During normal mode operation, the PowerSure PSP supplies conditioned, computer-grade power to the connected equipment. The PowerSure PSP continuously monitors the batteries to maintain them in a fully charged state. The battery charger operates whenever AC power is present, even if the UPS is switched off. By default, the UPS is set to perform an automatic battery test after it has been operating continuously for two weeks.

PowerSure PSA 350-1000 VA 120V is a UPS designed for data processing equipment and provides filtered AC power. This UPS has a power output of 600 watts. It connects to the USB port on a personal computer. During normal mode operation, the PowerSure PSA supplies conditioned, computer-grade power to the connected equipment. The PowerSure PSA continuously monitors the batteries to maintain them in a fully charged state. The battery charger operates whenever AC power is present, even if the UPS is switched off. By default, the UPS is set to perform an automatic battery test after it has been operating continuously for two weeks.

PowerSure PSI 1000-3000 VA 120V is a UPS designed for microcomputers and provides conditioned power. This UPS has a power output of 750 to 2,250 watts. It connects to the USB port on a personal computer. During normal mode operation, the PowerSure PSI supplies conditioned, computer-grade power to the connected equipment. The PowerSure PSI continuously monitors the batteries to maintain them in a fully charged state. The battery charger operates whenever AC power is present, even if the UPS is switched off. By default, the UPS is set to perform an automatic battery test after it has been operating continuously for two weeks.

The applicable subheading for the PowerSure PST 350-500 VA 120V and the PowerSure PSP 350-650 VA 120V, will be 8504.40.7012, Harmonized Tariff Schedule of the United States (HTS), which provides for “Static converters: Power supplies for automatic data processing machines or units thereof of heading 8471: Other, With a power output exceeding 150 W but not exceeding 500 W.” The rate of duty will be free.

The applicable subheading for the PowerSure PSA 350-1000 VA 120V, and the PowerSure PSI 1000-3000 VA 120V, will be 8504.40.7018, Harmonized Tariff Schedule of the United States (HTS), which provides for “Static converters: Power supplies for automatic data processing machines or units thereof of heading 8471: Other, Other.” The rate of duty will be free.

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 Linda M. Hackett at 646-733-3015.

Sincerely,

Robert B. Swierupski
Director,

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