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NY N008416




March 22, 2007

CLA-2-85:RR:E:NC:1:110

CATEGORY: CLASSIFICATION

TARIFF NO.: 8537.10.9070

Mr. J.F. Chester
Chester/Associates, PLLC
6060 N. Central Expressway, Suite 560
Dallas, TX 75206

RE: The tariff classification of surge protectors from China.

Dear Mr. Chester:

In your letter dated March 15, 2007, you requested a tariff classification ruling on behalf of your client, Para Systems Inc.

Under consideration are 5 styles of Para’s “MMS” line of Surge Suppressors: models MMS110, MMS130C, MMS570, MMS760RCT, and MMS362P. These surge suppressors are commonly known as power strips. The power strips are constructed of a plastic housing and feature a built-in circuit breaker/switch, surge protection device, seven 3-prong polarized sockets or receptacles and a seven-foot power cord. Some models feature an integrated RJ11 input port and two RF11 output ports, providing protection for telecommunication equipment. The housing is designed with recessed back-panel keyholes that allow the power strips to be mounted on a wall. Each socket on the suppressor comes with a sliding safety cover to prevent accidental shock or unintentional installation of improper devices. Lighted LED indicators inform the user of proper circuit grounding and active surge protection. The integrated 15-Amp (A) circuit breaker provides overload protection. If the unit becomes internally damaged or compromised, the built-in fail-safe mode will disconnect the device from utility power, thus protecting all connected devices.

In your letter you suggest classification under 8536.30.8000, Harmonized Tariff Schedule of the United States (HTSUS), as other apparatus for protecting electrical circuits. However, the surge suppressors feature a combination of apparatus of heading 8536, HTSUS: a combination switch/circuit breaker, surge protection device and multiple receptacles or sockets for power and telecommunication equipment. Such apparatus combined within a common housing are provided for in heading 8537, HTSUS.

The applicable subheading for the Surge Suppressors, models MMS110, MMS130C, MMS570, MMS760RCT, and MMS362P, will be 8537.10.9070, HTSUS, which provides for: “Boards, panels, consolesand other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity: For a voltage not exceeding 1,000 V: Other: Other: Other.” The general rate of duty will be 2.7 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Thomas Campanelli at 646-733-3016.

Sincerely,

Robert B. Swierupski
Director,

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