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NY L82286




February 23, 2005

CLA-2-90:RR:NC:N1:105 L82286

CATEGORY: CLASSIFICATION

TARIFF NO.: 9032.89.4000

Ms. Karen A. Sousa
American Power Conversion
P.O. Box 278
West Kingston, RI 02892

RE: The tariff classification of Automatic Voltage Regulators LE600 and LE1200 from Brazil

Dear Ms. Sousa:

In your letter dated January 6, 2005, you requested a tariff classification ruling.

You state:

“The item in question is a LE1200. Automatic voltage regulation for protection against brownouts and overvoltages. This item will protect your sensitive electronic equipment from brownouts and overvoltages with APC’s Line-R automatic voltage regulator. Uncorrected voltage fluctuations gradually degrade the life of electronic components, potentially causing premature failure. The Line-R not only adjusts voltages to sage levels, but also provides surge protection against electrical surges and spikes – even lightning.”

We note that the front of the box is marked in by far the largest print, Voltage Regulator. The user choose 110, 120, or 127 volts as the desired output. While it also serves as a four outlet adapter for a single grounded outlet and as a surge protector for short term electrical spikes, these are clearly minor additional features.

The item not only recognizes any change in incoming voltage very quickly, in less than two cycles, and routes the incoming electricity to either a step-up or step-down transformer, as appropriate, it must contain those transformers. Per Harmonized System Explanatory Note II to 9032, when the regulator is combined with the actuator, as here, 9032 applies if the essential character to the whole is provided by the regulator. The maximum wattage for your LE600 and LE1200 is 600 and 1200 watts, respectively. Since the transformers necessary for the electricity coming from a single home outlet are relatively small and simple, we consider the regulators to provide the essential character of these two items.

The applicable subheading for your Automatic Voltage Regulator Models LE600 and LE1200 will be 9032.89.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for Automatic voltage and voltage-current regulators, not designed for use in 6, 12 or 24 volt systems. The rate of duty will be 1.7 percent ad valorem.

The sample is being returned to you in a separate mailing.

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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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