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NY L86245




August 18, 2005

CLA-2-85:RR:NC:MM:109 L86245

CATEGORY: CLASSIFICATION

TARIFF NO.: 8504.40.9580

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

RE: The tariff classification of an APC AV 1kVA S Type Power Conditioner with Battery Backup 120V from the Philippines

Dear Ms. Sousa:

In your letter dated August 3, 2005, you requested a tariff classification ruling.

The merchandise subject to this ruling is an S Type Power Conditioner with Battery Backup. It is identified in your letter and the product literature as Item/Part Number S10. This product, which is an American Product Conversion device, is a single component that eliminates all power threats to high performance AV (audio video) system(s).

The S10 Type Power Conditioner with Battery Backup is rated for 700 watts and has an input and output of 120V. It monitors power and in the event of power loss provides battery pack backup, surge protection, isolated noise filtering and voltage regulation, all combined in a single unit, to deliver pure, uninterrupted power for high performance AV (i.e. home theater systems), home security, and automation systems. This device is capable of supplying the dynamic peak current draws required by any component designed to work on a 15-amp circuit.

On the front panel of the S10 Type Power Conditioner are LED status indicators. One of the indicators informs the user as to how much power capacity is available as equipment is connected to the unit. Among the other numerous LED status indicators are the “DELAYED 1”, “ON BATTERY”, and “LOW BATTERY” indicators. When the “DELAYED 1” LED status indicator is lit, it informs the user that the conditioned power is being supplied to equipment connected to the rear-panel outlets marked “DELAYED 1”. When the “ON BATTERY” LED status indicator is lit, it informs the user that the power conditioner is operating on power from the internal battery pack, providing power to the connected equipment. The unit will go “ON BATTERY” when the input utility voltage has either dropped below the user-selectable level, gone above the user-selected level, or is experiencing an outage, and for momentary drops or surges in the input utility voltage, usually due to power loss or surges, or lightening. The “LOW BATTERY” LED status indicator informs the user that the battery pack charge level is low. When it is lit, keeping the unit should plugged into a utility outlet enables the batteries in the battery pack to recharge.

The S10 is imported with a backup battery, detachable power cord, racking mounting brackets, rack mounting support rails, USB cable, and a user’s manual. This is considered a set with the S Type Power Conditioner imparting the essential character.

The applicable subheading for the APC AV 1kVA S Type Power Conditioner with Battery Backup 120V, Part Number S10, will be 8504.40.9580, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electrical transformers, static converters (for example, rectifiers) and inductors; parts thereof: Static converters: Other: Other.” The rate of duty will be 1.5 percent ad valorem.

Articles classifiable under subheading 8504.40.9580, HTS, which are products of the Philippines may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

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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