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NY L83316

March 30, 2005

CLA-2-85:RR:NC:MM:109 L83316


TARIFF NO.: 8504.40.9510

Mr. Bill Julich
Delmar International
147-55 175th Street
Jamaica, NY 11434

RE: The tariff classification of power supplies from Taiwan and China

Dear Mr. Julich:

In your letter, which we received on March 15, 2005, you requested a tariff classification ruling on behalf of GlobTek Inc.

You requested the classification of four model series of power supplies. They are referred to in your letter as Model Series GTM21089, GTM21097, GTM3 (T) 35/41/48/57, and GTM2065. Your letter states that all these models can be found in the attached catalogue. Model Series GTM21089, GTM21097, and GTM3 (T) 35/41/48/57 were identified from within the catalogue. However, there was no product information provided for Model Series GTM2065 in the catalogue. Therefore, this ruling will address the classification of Model Series GTM21089, GTM21097, and GTM3 (T) 35/41/48/57 only.

Model Series GTM21089, GTM21097, and GTM3 (T) 35/41/48/57 are power supplies. More specifically, they convert alternating current (AC) to direct current (DC) for use in medical equipment used by doctors, surgeons, dentists, veterinary surgeons, and midwives, in their professional practice. The power output of Model Series GTM21089, GTM21097, and GTM3 (T) 35/41/48/57 does not exceed 50 watts. A catalog and Underwriters Laboratories (UL) Project Reports were submitted to this office for classification purposes.

Your letter suggested HTS 9018.90.8000 as the classification of this merchandise. HTS 9018.90.8000 provides for “Instruments and appliances used in medical, surgical, dental or veterinary sciences Other instruments and appliances and parts and accessories thereof: Other: Other.” However, Model Series GTM21089, GTM21097, and GTM3 (T) 35/41/48/57 are rectifying power supplies. They convert AC power to DC power for use in medical equipment. Rectifying power supplies are provided for eo nominee in the Harmonized Tariff Schedule of the United States (HTSUS) under heading 8504. Further, heading 9018 is in chapter 90 of the HTSUS. Note 2 (a) to Chapter 90 states:

“Subject to note 1 above, parts and accessories for machines, apparatus, instruments or articles of this chapter are to be classified according to the following rules: Parts and accessories which are goods included in any of the headings of this chapter or of chapter 84, 85 or 91 (other than heading 8485, 8548 or 9033) are in all cases to be classified in their respective headings.”

Therefore, in accordance with Note 2 (a) to chapter 90, Model Series GTM21089, GTM21097, and GTM3 (T) 35/41/48/57, which are rectifying power supplies, are classifiable within subheading 8504.40.9510 through 8504.40.9540 based on the power output in watts of each power supply. As mentioned previously, the power output of each of these power supplies does not exceed 50 watts.

The applicable subheading for these power supplies, Model Series GTM21089, GTM21097, and GTM3 (T) 35/41/48/57, will be 8504.40.9510, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electrical transformers, static converters (for example, rectifiers) and inductors; parts thereof: Static converters Other: Rectifying and rectifying apparatus: Power supplies: With a power output not exceeding 50 W.” The rate of duty will be 1.5 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 Linda M. Hackett at 646-733-3015.

If you decide to resubmit a ruling request for Model GTM2065, please furnish descriptive literature or a catalogue containing product information for this item. Your resubmission should be mailed to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.


Robert B. Swierupski

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