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NY K81643




December 17, 2003
CLA-2-85:RR:NC:MM:109 K81643

CATEGORY: CLASSIFICATION

TARIFF NO.: 8504.40.7012 ; 8504.40.7018

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:

This letter is being issued to correct the description and classification at the statistical suffix level of your UPStation GXT 700 through 3000 model Uninterruptible Power Supplies (UPS) and UPStation GXT 2U 700 through 3000 model Uninterruptible Power Supplies (UPS) as ruled upon in NY K80315.

These Uninterruptible Power Supplies (UPS) connect directly the USB port of a personal computer to provide power in the event of power loss or outage.

The UPStation GXT 700 through 3000 VA 120V model UPSs are designed for data processing equipment and provide conditioned power to microcomputers. They have an interface port for communication between the UPS and a Local Area Network (LAN) server or other computer systems. During normal mode operation, utility power provides energy to the UPS. Battery mode occurs in the event of an extreme input voltage condition or complete utility failure. The battery system supplies power through the DC-DC converter to the inverter to generate power for the connected load. The UPStation GXT 700 model has a power output of 490 watts. The UPStation GXT1000 through 3000 models have power output ratings ranging from 700 to 2,100 watts.

The UPStation GXT 2U 700 through 3000 VA 120V model UPSs are designed for data processing equipment and provide conditioned power to microcomputers. They have an interface port for communication between the UPS and a network server or other computer systems. During normal operation, utility power provides energy to the UPS. The filters, power factor correction circuit and the inverter process this power to provide computer-grade power to connected loads. The UPS maintains the batteries in a fully charged state. The GXT 2U 700 model has a power output of 490 watts. The GXT 2U 1000 through 3000 models have power output ratings ranging from 700 to 2,100 watts.

The applicable subheading for the UPStation GXT 700 model and the UPStation GXT 2U 700 model, 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 UPStation GXT 1000 through 3000 models and GXT 2U 1000 through 3000 models, 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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