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NY L85494




June 24, 2005

CLA-2-85:RR:NC:MM:109 L85494

CATEGORY: CLASSIFICATION

TARIFF NO.: 8504.40.9550

Ms. Karen A Sousa
APC Senior Import Specialist
American Power Conversion Corporation
P.O. Box 278
132 Fairground Road
West Kingston, RI 02892

RE: The tariff classification of an APC Battery Management System from an unspecified country

Dear Ms. Sousa:

On June 14, 2005, this office received a response from you regarding questions we addressed as a result of your request for a tariff classification on an APC Battery Management System, our file number L83819. This office is now able to provide a tariff classification on this merchandise based on your response.

The merchandise is subject to this ruling is an APC Battery Management System.

The APC Battery Management System is a computerized battery analysis, testing, and balance charging device. There is an onboard processor that performs functions as directed by a proprietary firmware algorithm. It can be used to manage batteries for a variety of applications including nickel-cadmium batteries, and lead acid batteries in voltages of 1.2 volts per cell to 12 volts per jar, and ampacities up to and including 2000 amp/hour batteries. The system can be used on battery systems for telecommunications power backup, power generation station rectifier and station battery sets, and uninterruptible power supply battery strings, as well as a variety of other applications. It is designed to be sold to commercial and industrial end users whose power applications require a high reliability battery backup for critical systems.

The descriptive literature states that the APC Battery Management System is an automated system designed to monitor, record data from, and selectively charge batteries connected in a series string to provide backup power for telecom, station, and uninterruptible power supplies. It also states that this device combines the ability to monitor specific battery parameters with the ability to perform active functions to correct common problems that occur in battery strings. However, this device does not have parameters for specific measurement nor does it actually record any measurement. It is not a primary charger for batteries, but is secondary to the main charging system that normally is connected to the battery system. As such, the APC Battery Management System is essentially a battery charger classifiable under heading 8504, as a static converter.

The applicable subheading for the APC Battery Management System will be 8504.40.9550, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electrical transformers, static converters (for example rectifiers) and inductors Static converters: Other: Rectifiers and rectifying apparatus: Power supplies: Other.” 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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