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NY K87902




July 28, 2004
CLA-2-84:RR:NC:1:110 K87902

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.80.9000

Mr. Rick Wilson
Liebert Corporation
1050 Dearborn Drive
Columbus, OH 43085

RE: The tariff classification of a interface card from Taiwan.

Dear Mr. Wilson:

In your letter dated July 6, 2004 you requested a tariff classification ruling.

The merchandise under consideration is the Liebert Intellislot™ Interface for Relay Contacts. The Intellislot™ is a communication option for use in the Liebert UPStation GXT 2U™, a Uninterruptible Power System (UPS). From the information you provided with your request and additional literature fax to this office, the Liebert Intellislot™ Interface card is user-installed and provides contact closures for remote monitoring of alarm conditions in the UPS via a computer utilizing the standard IBM AS400 protocol. This card is designed for use as a communication device by the host UPS to relay digital signals from the UPS to the computer, and from the computer to the UPS. The normal signals generated by the UPS, and communicated to the computer, include identification if the system in running on utility power or on UPS battery power, and if on UPS battery power, when the low battery point occurs. The normal signal generated by the computer, and communicated to the UPS, is to turn the UPS battery output off.

Within your Statement of Position, you suggest 8517.50.9000, HTSUS, which provides for: "[e]lectrical apparatus for line telephony or line telegraphy, including line telephone sets with cordless handsets and telecommunication apparatus for carrier-current line systems or for digital line system. . . : [o]ther apparatus, for carrier-current line systems or for digital line systems: [o]ther: [t]elegraphic: [o]ther. . . ." You also cite headquarters ruling HQ 963244. HQ 963244 dealt with the classification of various networking apparatus, namely a Dual-Port Ethernet Controller and a Communications Board, as automatic data processing (ADP) control and adapter units, which are various networking apparatus. However, based on information furnished by you a different network card would have to be added to the RELAYCARD-INT in order to use the UPS in a LAN/WAN environment. As such, based on the condition of the RELAYCARD-INT as imported, it cannot function within/for WAN applications. Therefore, 8517.50.9000 is not applicable.

As stated above, the Intellislot™ Interface is an option that is installed into a UPS system, however, its principal use is to communicate with an automatic data processing machine. After reviewing the literature and additional information you provided, we believe that this device function as a signal-converting device. At input, this device enables an external signal to be understood by the machine, while at output, they convert the output signals that result from the processing carried out by the machine into signals that can be used externally. The Intellislot™ also meets the definition of a “unit” of an ADP system, as per Legal note 5(B) to Chapter 84 of the Harmonized Tariff Schedule of the United States, therefore, heading 8471 would be more applicable for this product.

The applicable subheading for the Liebert Intellislot™ Interface will be 8471.80.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Automatic data processing machines and units thereofOther units of automatic data processing machines: Other: Other.” The general 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 Eileen S. Kaplan at 646-733-3016.

Sincerely,

Robert B. Swierupski
Director,

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