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NY K81644




December 17, 2003
CLA-2-85:RR:NC:MM:109 K81644

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 PowerSure PSA 350 through 1000 VA 120V model Uninterruptible Power Supplies (UPS) as ruled upon in NY K80314.

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.

PowerSure PSA 350 through 1000 VA 120V model UPSs are designed for data processing equipment and provides filtered AC power. 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. The PowerSure PSA 350, 500, and 650 VA 120V models have power output ratings ranging from 210 to 390 watts. The PowerSure PSA 1000 VA 120V model has a power output of 600 watts.

The applicable subheading for the PowerSure PSA 350, 500, and 650 VA 120V models, 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 1000 VA 120V model, 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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