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NY R04991

October 12, 2006

CLA-2-85:RR:E:NC:MM:109 R04991


TARIFF NO.: 8504.40.8500

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

RE: The tariff classification of a Uninterruptible Power Supplies (UPS) EnterprisePlus Series Models E750RM2U, E1000RM2U, E1500RM2U, E2000RM2U, E3000RM2U, E1500RM2Ui, and E3000RM2Ui 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 (UPSs) EnterprisePlus Series Models E750RM2U, E1000RM2U, E1500RM2U, E2000RM2U, E3000RM2U, E1500RM2Ui, and E3000RM2Ui. As described in your letter, the EnterprisePlus 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 EnterprisePlus Series of UPSs are the next generation of Para UPSs and are meant to replace Para’s current UPS Enterprise Series Models E500, E750, E1100, E1500, E2300, and E3200, which were classified as “Static converters: For telecommunication apparatus” in New York binding classification Ruling G89655. While the EnterprisePlus Series is essentially the same as the Enterprise Series, in most respects, they are smaller, more powerful, and incorporates additional product improvements over the Enterprise Series. The following improvements have been incorporated into the EnterprisePlus Series models of UPSs:

The entire EnterprisePlus Series is RoHS Directive compliant. The EnterprisePlus Series has a higher output power factor. The EnterprisePlus Series uses a smaller installation profile (2U versus 2/3U) for rack mount installations. The EnterprisePlus Series has the capability of simultaneous DB9, USB and SNMP communications. The EnterprisePlus Series has independent output receptacle control (used to shutdown non-critical equipment to extend runtime of critical devices). EnterprisePlus Series has more detailed front-panel diagnostic capabilities. EnterprisePlus Series uses more sophisticated monitoring software for network applications.

Your letter states that regardless of these product improvements, the EnterprisePlus Series is identical to the Enterprise Series and will serve the same purposes and markets.

The EnterprisePlus 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 Uninterruptible Power Supplies (UPS) EnterprisePlus Series Models E750RM2U, E1000RM2U, E1500RM2U, E2000RM2U, E3000RM2U, E1500RM2Ui, and E3000RM2Ui 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.


Robert B. Swierupski

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