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NY 817787

February 2, 1996

CLA-2-85RR:NC:MA:109 817787


TARIFF NO.: 8504.40.9012; 8504.40.9018

Frank Parker, Jr.
Parker & Co.
P.O. Box 271
4694 Coffee Port Road
Brownsville, Texas 78521

RE: The tariff classification of battery back up power supplies for personal computers, also known as Universal Power Supplies (UPS), from Mexico

Dear Mr. Parker:

In your letter dated December 11, 1995 you requested a tariff classification ruling on behalf of International Assemblies, Inc. of Brownsville, Texas.

The merchandise is described in your letter as the BC Personal Series 4 models 200va to 500va and Pro Series 6 models 450va to 1400va battery back up power supplies (UPS). According to your letter, these items provide battery back up power to personal computers or other appliances requiring battery back up power. These items use nickel cadmium batteries in volt amperes (va) respective to their specifications and models. Both models operate at 120 Volts. Other features of the BC Personal Series 4 and Pro Series 6 include surge suppression circuitry and noise suppression capabilities. The BC Pro Series 6 also includes a battery life LED indicator and a network interface port which allows for automatic shutdown of any operating system. Components are assembled to a chassis and placed in a plastic cabinet in Mexico.

The applicable subheading for the BC Personal Series 4 and Pro Series 6 battery back up power supplies (UPS) will be 8504.40.9012 and 8504.40.9018 respectively, Harmonized Tariff Schedule of the United States (HTS), which provides for "Electrical transformers, static converters (for example, rectifiers) and inductors; power supplies for automatic data processing machines or units thereof of heading 8471; parts thereof: Static converters; power supplies for automatic data processing machines or units thereof of heading 8471: Other, With a power output exceeding 150 w but not exceeding 500 w; and [Other]", respectively. The rate of duty will be 2.4 per cent ad valorem.

This ruling is being issued under the provisions of Section 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 Phil Carabetta at 212-466-5673.


Roger J. Silvestri

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