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NY L83796




April 28, 2005

CLA-2-85:RR:NC:MM:109 L83796

CATEGORY: CLASSIFICATION

TARIFF NO.: 8504.40.95

Ms. Erika Medina
Import/Export Control Specialist
SpectraLink Corporation
5755 Central Avenue
Boulder, CO 80301

RE: The tariff classification of rectifying power supplies from China

Dear Ms. Medina:

In your letter dated March 23, 2005, you requested a tariff classification ruling.

The merchandise subject to this ruling is rectifying power supplies. You refer to them as HK-B524-A12 (SpectraLink Part Number QPS200A), D7-10-01 (SpectraLink Part Number QPS100A), and 34-2410-01 (SpectraLink Part Number TPS100A). Samples of each of these items were furnished.

Previously, you requested a binding ruling on these three rectifying power supplies, our file number L82589. At the time of your submission, this office did not have adequate information about the merchandise to determine the proper classification. Your ruling request was rejected back to you asking that you respond to a number of questions in an endeavor to obtain absolute facts about the merchandise. The product description provided below is based on your response to those questions.

The power supplies, once plugged into an alternating current (AC) power outlet, takes (AC) voltage and converts it into 12V direct current (DC) at very low amperage. The DC voltage is available immediately as an output voltage to power a charger, only. The power from the charger is used to re-charge a NiMH battery pack. The battery pack, in turn, is used to provide power to telecommunications equipment, which SpectraLink manufactures.

You state in your letter that the manufacturer considers the merchandise subject to this ruling to be transformers and classifies them under Harmonized Tariff Schedule (HTS) subheading 8504.31.4065, which provides for “Other transformers: Having a power handling capacity of 1kVA.” The merchandise subject to this ruling, HK-B524-A12 (SpectraLink Part Number QPS200A), D7-10-01 (SpectraLink Part Number QPS100A), and 34-2410-01 (SpectraLink Part Number TPS100A), are not transformers. Transformers, without having any moving parts, transform, by means of induction and using a preset or adjustable system, an alternating current (AC) into alternating current (AC) of different voltage, impedance, etc. Your merchandise carries out a different function. It converts alternating current (AC) into direct current (DC), accompanied by a voltage change, which is what a rectifier does. Additionally, this merchandise supplies power to a charger. As a result, the merchandise is a rectifying power supply. Rectifying power supplies are provided for under Harmonized Tariff Schedule (HTS) subheading 8504.40.95. Therefore, classification under 8504.31.4065 is not applicable.

Your submission also stated that at times, when the tariff number does not appear on the manufacturer’s invoice, your broker classifies your merchandise HK-B524-A12 (SpectraLink Part Number QPS200A), D7-10-01 (SpectraLink Part Number QPS100A), and 34-2410-01 (SpectraLink Part Number TPS100A) under Harmonized Tariff Schedule (HTS) subheading 9030.39.0080, which provides for “Other instruments and apparatus, for measuring or checking voltage, current, resistance or power, without a recording device: Other: Other.” The merchandise subject to this ruling is not an instrument or apparatus for measuring or checking voltage, current, resistance or power without a recording device. The merchandise is a rectifying power supply, provided for under Harmonized Tariff Schedule (HTS) subheading 8504.40.85, because it converts alternating current (AC) into direct current (DC), accompanied by a voltage change, and supplies power to a charger. Therefore, classification under 9030.39.0080 is not applicable.

During your company’s meeting with an import specialist at the Port of Denver, the port was informed that your power supplies are used to power all of the telecommunications equipment, which SpectraLink manufactures. The port provided you with the non-binding classification of 8504.40.85, as a Static Converter: For telecommunications apparatus.” However, the power supplies subject to this ruling themselves do not provide power directly to telecommunications equipment nor do they perform a recharge function. Their initial function is to convert alternating current to direct current. Their secondary function is to provide power, in the form of direct current, to a charger. The charger is neither telecommunications equipment nor apparatus. It is a battery charger. The NiMH battery pack provides power to telecommunications equipment, such as a cellular telephone. Therefore, the power supplies are not providing power to telecommunications equipment, but rather to a charger, whose use is not dedicated to telecommunications. As a result, classification as a “Static Converter: For Telecommunication apparatus” under Harmonized Tariff Schedule subheading 8504.40.85 is not applicable. Your merchandise (HK-B524-A12 (SpectraLink Part Number QPS200A), D7-10-01 (SpectraLink Part Number QPS100A), and 34-2410-01 (SpectraLink Part Number TPS100A) is more specifically provided for under Harmonized Tariff Schedule subheading 8504.40.95, as rectifying power supplies.

The applicable subheading for the rectifying power supplies HK-B524-A12 (SpectraLink Part Number QPS200A), D7-10-01 (SpectraLink Part Number QPS100A), and 34-2410-01 (SpectraLink Part Number TPS100A) will be 8504.40.95, Harmonized Tariff Schedule of the United States (HTS), which provides for ”Static converters: Other: Rectifiers and rectifying apparatus: Power supplies.” The rate of duty will be 1.5 percent ad valorem.

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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