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The tariff classification of Uninterruptible Power Supplies (UPS), PRO1000RT, PRO65ORT, and PRO1500RT from China
Issued September 18, 2009 by U.S. Customs and Border Protection.
Cite this ruling
Copies to clipboardN0 N074903 (September 18, 2009)
Tariff classification
HTS codes: 8504.40.8500
Headings: 8504
Product description
The merchandise subject to this ruling is Uninterruptible Power Supplies. They are identified as PRO1000RT, PRO65ORT, and PRO1500RT. PRO1000RT is a 1000VA/700W UPS with a ten-foot power cord, PRO65ORT is a 650VA/350W UPS with a ten-foot power cord and PRO1500RT is a 1500VA/1050W UPS with a ten-foot power cord. Collectively, these UPSs are the PRO RT Series. The UPS products in the PRO RT Series provide protection from sags, surges, and voltage spikes and blackouts for electronic equipment, such as workstations, servers, Interneting and telecommunications equipment. When incoming utility power fails, these Uninterruptible Power Supplies will automatically switch to battery backup mode with AC power to keep workstations, servers, Interneting and telecommunications equipment operable. These UPS units can be configured for use in a tower, wall mount or rack mount configuration. These 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 for these UPSs’ nor can essential character be determined, classification is arrived at in accordance with General Rule of Interpretation (GRI) 6 & 3 (c). 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.
CBP rationale
The applicable subheading for Uninterruptible Power Supplies (UPS), PRO1000RT, PRO65ORT, and PRO1500RT will be 8504.40.8500, which provides for "Static converters: For telecommunication apparatus.
Full text
N074903 September 18, 2009 CLA-2-85:OT:RR:E:NC:N1:109 CATEGORY: Classification TARIFF NO.: 8504.40.8500 Mr. J. F. Chester Cowles & Thompson, PC 901 Main Street, Suite 3900 Dallas, TX 75202 RE: The tariff classification of Uninterruptible Power Supplies (UPS), PRO1000RT, PRO65ORT, and PRO1500RT from China Dear Mr. Chester: In your letter dated September 4, 2009 you requested a tariff classification ruling on behalf of your client, Para Systems, Inc. The merchandise subject to this ruling is Uninterruptible Power Supplies. They are identified as PRO1000RT, PRO65ORT, and PRO1500RT. PRO1000RT is a 1000VA/700W UPS with a ten-foot power cord, PRO65ORT is a 650VA/350W UPS with a ten-foot power cord and PRO1500RT is a 1500VA/1050W UPS with a ten-foot power cord. Collectively, these UPSs are the PRO RT Series. The UPS products in the PRO RT Series provide protection from sags, surges, and voltage spikes and blackouts for electronic equipment, such as workstations, servers, Interneting and telecommunications equipment. When incoming utility power fails, these Uninterruptible Power Supplies will automatically switch to battery backup mode with AC power to keep workstations, servers, Interneting and telecommunications equipment operable. These UPS units can be configured for use in a tower, wall mount or rack mount configuration. These 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 for these UPSs’ nor can essential character be determined, classification is arrived at in accordance with General Rule of Interpretation (GRI) 6 & 3 (c). 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), PRO1000RT, PRO65ORT, and PRO1500RT will be 8504.40.8500, 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 Hackett at (646) 733-3015. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division
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