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NY L84553

May 27, 2005

CLA-2-85:RR:NC:1:110 L84553


TARIFF NO.: 8537.10.9070

Mr. Harold Averill
Corrigan Dispatch Company
P.O. Box 3610
1350 Cheers Boulevard
Brownsville, TX 78523-3610

RE: The tariff classification of Protective Battery Breaker Disconnects from Mexico.

Dear Mr. Averill:

In your letter dated April 22, 2005, on behalf of your client Airpax Corporation you requested a tariff classification ruling.

The merchandise under consideration consists of two series of Protected Battery Disconnects. The Airpax JPBD and LPBD Series Protected Battery Disconnects are wall or rack mounted metal enclosures, which house a DC (Direct Current) magnetic circuit breakers. These products are designed to combine switching and circuit protection for DC battery power applications used in critical load systems such as data processing and network communications. Features include manual and remote disconnect capability, Light Emitting Diode (LED) indicator lights for on/off/tripped condition and optional alarm. Each enclosure will contain a circuit breaker with bus bar assembly, LEDs and a terminal block. Standard bus plates are configured with holes for attaching lugs.

The JPBD and LPBD Series are available in various configurations of enclosures for wall mounting, rack mounting or mounting onto a battery stand. The JPBD series is available in 64 variations with current and voltage ratings from 100A (amperes) to 1200A at 65V (Volts) DC (Direct Current) and 100A to 800A at 160V DC. The LPBD is available in 24 variations with current and voltage ratings from 50A to 100A at 80V DC and 125A to 200A at 65V DC.

The applicable subheading for the JPBD and LPBD Series Protected Battery Disconnects 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 electricityFor a voltage not exceeding 1,000 V: Other: Other: Other.” The general rate of duty will be 2.7 percent ad valorem.

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 Eileen S. Kaplan at 646-733-3016.


Robert B. Swierupski

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