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NY N014441





August 13, 2007

CLA-2-85:RR:E:NC:N1:109

CATEGORY: CLASSIFICATION

TARIFF NO.: 8504.40.8500

Mr. Jim Chester
Attorney
Chester/Associates, PLLC
6060 N. Central Expwy, Suite 560
Dallas, TX 75206

RE: The tariff classification of Uninterruptible Power Supplies (UPS) Entrust Series Models ETR500, ETR700, ETR700p15, ETR1000, ETR1500, and ETR1500p15 from China

Dear Mr. Chester:

In your letter dated September 29, 2006, you requested a tariff classification ruling, on behalf of your client Para Systems, Inc.

The merchandise subject to this ruling is Uninterruptible Power Supplies (UPS) Entrust Series Models ETR500, ETR700, ETR700p15, ETR1000, ETR1500, and ETR1500p15. As described in your letter, the Entrust Series models offer protection from sags, surges, voltage spikes and blackouts for electronic equipment, such as workstations, servers, internetworking and telecommunications equipment. When incoming utility power fails, these units will automatically switch to battery backup mode with AC power to keep the system operable. These units can be configured for use in a desktop, tower, wall-mount or rack-mount configuration.

The Entrust Series of UPSs are the next generation of Para UPSs and are virtually identical to the Endeavor Series and the EnterprisePlus Series of UPS, which were classified “Static converters: For telecommunication apparatus” in New York Rulings N012165 and R04991, respectively. Although there are cosmetic and other minor differences between the Entrust Series, the subject of this ruling, and the previously ruled upon Endeavor Series and EnterprisePlus Series, the Entrust Series is comprised of substantially the same materials and provide the same basic function.

The Entrust ETR500 is a 500VA/300W 120 VAC line interactive UPS with a 6-foot power cord designed for desktop or floor mounting. The Entrust ETR700 is a 700VA/420W 120 VAC line interactive UPS with a 6-foot power cord designed for desktop or floor mounting. The Entrust ETR700p15 is a 700VA/420W 120 VAC line interactive UPS with 15-foot power cord designed for desktop or floor mounting. The ETR1000 is a 1000VA/700W 120 VAC line interactive UPS with a 6-foot power cord designed for desktop or floor mounting. The ETR1500 is a 1500VA/900W 120 VAC line interactive UPS with a 6-foot power cord designed for desktop or floor mounting. The ETR1500p15 is a 1500VA/900W 120 VAC line interactive UPS with a 15-foot power cord designed for desktop or floor mounting. They each feature:

USB Communications – The Entrust Series has HID-compliant USB communications that is automatically recognized by all Windows software versions. No special drivers are required.

Buck/Boost Voltage Regulation – Offers a more stable AC source during surge and sag events without constant use of internal batteries.

Slim-line Profile – Provides users with the ability to install the Entrust Series in a variety of environments.

RoHS Compliant – Compliant with European Economic Unions directive on the reduction of hazardous substances (RoHS), in electronic equipment.

SentryPlus Software – SentryPlus auto-shutdown and monitoring software is included with every unit. No special downloads or coupons are required.

Larger Load Capacities – Minuteman has increased the capacities of the models in the Entrust line, allowing the units to support larger power requirements.

The Entrust Series UPSs have applications in both Automatic Data Processing (ADP) machines of heading 8471 and Telecommunications of heading 8517. Therefore, two subheadings are under consideration; 8504.40.70, which provides for Static converters: Power supplies for ADP machines and 8504.40.85, which provides for Static converters: For telecommunications apparatus. However, since it cannot be determined which heading provides the most specific description of these UPSs nor can essential character be determined, classification is arrived at in accordance with General Rule of Interpretation (GRI) 6 & (GRI) 3(c). As such, these UPSs’ are classifiable under the heading, which occurs last in numerical order among the two aforementioned subheadings, both meriting equal consideration. In this instance, subheading 8504.40.85 applies.

           The applicable subheading for of Uninterruptible Power Supplies (UPS) Entrust Series Models ETR500, ETR700, ETR700p15, ETR1000, ETR1500, and ETR1500p15 will be 8504.40.8500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Static converters: For telecommunication apparatus”. The rate of duty will be free.

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 Linda M. Hackett at 646-733-3015.

Sincerely,

Robert B. Swierupski
Director,

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