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NY I83701

June 28, 2002

CLA-2-85:RR:NC:MM:109 I83701


TARIFF NO.: 8504.40.7012

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 Uninterruptible Power Supply (UPS) from Brazil

Dear Ms. Sousa:

In your letter dated June 17, 2002, you requested a tariff classification ruling.

The merchandise is described in your letter as an Uninterruptible Power Supply (UPS), supplier Part Number BK500-BR. The UPS, which is an American Product Conversion (APC) device, is within APC’s Back-UPS CS 350/500 family of products. The UPS protects computer hardware from lightning strikes and electrical power surges. In the event of a total power loss, the UPS will provide power at specified running times, enabling the user to power down without losing or corrupting any data or files. The UPS is an AC power source with an on board battery. It provides an LED display denoting “On Line”, “On Battery”, “Overload”, and “Replace Battery”. The UPS is imported with a user’s manual and CD software that furnishes data reporting and unattended shutdown of computers connected to this device. This is considered a set, UPS and software, with the UPS imparting the essential character. A sample of the UPS was submitted to this office and is being returned to you as per your request.

The applicable subheading for the Uninterruptible Power Supply (UPS), Part Number BK500-BR, will be 8504.40.7012, Harmonized Tariff Schedule of the United States (HTS), which provides for “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.” The rate of duty will be free.

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.


Robert B. Swierupski

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