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NY R02265




August 10, 2005

CLA-2-1:RR:NC:1:120:R02265

CATEGORY: CLASSIFICATION

TARIFF NO.: 8415.10.30 and 8537.10.9070

Ms. Melissa Hoffman
Ericsson, Inc.
6300 Legacy Drive
Plano, Texas 75024

RE: The tariff classification of the combined climate unit and the power control unit from Sweden

Dear Ms. Hoffman:

In your letter dated July 14, 2005 you requested a tariff classification ruling on a combined climate unit (item number FAB1021140/3) and a power control unit (item number FAB 1021230/2).

The combined climate unit provides supply air to the radio equipment in the Radio Base Station (RBS). It contains a heater, internal fan operated on DC voltage, air-to-air heat exchanger with external fan, active cooler, climate control unit, converters and a “cold start-up”. The active cooler consists of a compressor, reducing valve, condenser, evaporator and an AC powered condenser fan. The “cold start-up” refers to situations where the air within the RBS cabinet is less than 5 degrees Celsius. In this scenario, the climate unit is powered with AC power only. The internal fan circulates the air in the cabinet and the heater warms the air to at least 5 degrees Celsius. The design is optimized for high capacity for the heat exchanger. The heat exchanger is intended to take the whole heat load during low and moderate ambient temperatures. During higher ambient temperatures, the compressor shall contribute to the cooling capacity.

The item is a self-contained climate control unit (air conditioner with heat exchanger) mounted on the inside of a door to a cabinet (radio base station) located outdoors. The RBS appears to be a unit incorporating the radio equipment. General requirements are specified for a combined climate unit mounted as intended in the RBS cabinet. Environmental parameters for the RBS include relative humidity and absolute humidity conditions. The equipment is operational after being subjected to the specific ambient temperature and humidity. During the energy exchange from heat to cooler air, moisture can condense into water (humidity). The condensed water from the air conditioner is led out through a drainage hole.

You propose classification for both the FAB1021140/3 and the FAB1021230/2 under subheading 9032.89. However, we do not agree that either is supported by the definition of Heading 9032 as per Note 7 of Chapter 90 in the Harmonized system. Regarding the FAB1021140/3, the harmonized definition does not include a controller or regulator. For example: Note I-E to heading 9032 excludes “thermostatic or “thermostat” steamers and cabinets in which the temperature is kept constant by means of a thermostat, which are to be classified in their respective headings. Regarding the FAB1021230/2, you describe the function as: “used to integrate the power supply system and the climate unit into a W-CDMA base station”. This does not meet the only defined function of the legal note.

Equipped with a motor driven fan, condenser, evaporator, and compressor, item FAB1021140/3 has the essential character of an air conditioner and elements for changing the temperature and humidity. This item meets the explanatory notes to Section XVI, Heading 8415, which covers air conditioning machines incorporating a single unit or separate units that change both the temperature and, by condensation, the humidity of the air. These air conditioning machines cool and dry (by condensation of water vapor on a cold coil) the air of the room in which they are installed, or if they have an outside air intake, a mixture of fresh air and room air. They are generally provided with drip pans to catch the condensate.

The applicable subheading for the combined climate unit will be 8415.10.30 Harmonized Tariff Schedule of the United States (HTS), which provides for Air conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity, including those machines in which the humidity cannot be separately regulated: Window or wall types, self-contained or “split system”: self-contained. The rate of duty will be free.

Item FAB 1021230/2 is a power control unit. It is used to integrate the power supply system and the climate unit into a radio base station. The power system may enclose power supply units, battery function units and AC-connection unit. The power control unit interfaces the main processor to the power system and climate unit. An optical interface is used to connect the power control unit to the power system and the climate unit. A RS-485 is used to connect the power control unit to the main processor. The power control unit is a printed circuit assembly (populated printed circuit board). In addition to other components, it is equipped with a fuse and multiple connectors rated for 48V.

The applicable subheading for the power control unit will be 8537.10.9070, Harmonized Tariff Schedule of the United States (HTS), which provides for Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity, including those incorporating instruments or apparatus of chapter 90, and numerical control apparatus, other than switching apparatus of heading 8517: For a voltage not exceeding 1,000V: Other: Other. The rate of duty will be 2.7 percent.

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 Denise Faingar at 646-733-3010.

Sincerely,

Robert B. Swierupski
Director,

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