The tariff classification of surge protectors from China.

N076555 October 8, 2009 CLA-2-85:OT:RR:NC:1:110 CATEGORY: Classification TARIFF NO.: 8537.10.9070 Mr. Gordon C. Anderson C.H. Robinson Worldwide, Inc. Minneapolis International 14800 Charlson Road Suite 400 Eden Prairie, MN 55347 RE: The tariff classification of surge protectors from China. Dear Mr. Anderson: In your letter dated September 18, 2009 you requested a tariff classification ruling on behalf of your client, Cyber Power Systems. The merchandise under consideration are described as the “Home/Office Surge Protector,” item number 615, and the “Computer/Audio/Video Surge Protector” pack, item number 1085. Samples of both items were submitted with your ruling request and will be returned to you. The “Home/Office Surge Protector” measures approximately 11 inches long by 1 ¾ inches wide by 1 ¼ inches high, and is housed in an ABS plastic case. Permanently attached to the device is an 8-foot power cord with a three-prong polarized plug at the end. The “Home/Office Surge Protector” features six 3-prong polarized outlets, two of which are transformer spaced outlets, and a combination power off/on switch and 15 amp (A) circuit breaker. It also contains an LED (light emitting diode) surge indicator light, and an EMI (electromagnetic interference)/RFI (radio frequency interference) noise filter. The back of the unit provides four keyhole cutouts for wall or desk mounting. It is rated for 125 volts (V) and 15 A. The “Computer/Audio/Video Surge Protector” measures approximately 12 ½ inches long by 4 ¼ inches wide by 1 ¾ inches high at its widest points, and is housed in an ABS plastic case. Permanently attached to the device is an 8-foot power cord with a three-prong polarized plug at one end. The “Computer/Audio/Video Surge Protector” features eight 3-prong polarized outlets with safety tabs, four of which are transformer spaced outlets. It also features two RJ-45 ports (one input and one output), three RJ-11 ports (one input and two output), four F-type coaxial cable connections (two input, two output), and a combination power off/on switch and 15 A circuit breaker. Additionally, this device contains an LED surge indicator light as well as an LED ground indicator light, and an EMI/RFI noise filter, while the back of the unit provides four keyhole cutouts for wall or desk mounting. It is rated for 125 V and 15 A. The “Computer/Audio/Video Surge Protector” is packaged ready for retail sale in a plastic clamshell case also containing a 6-foot RJ-11 phone patch cord, a 4-foot RJ-45 network cord, and a 4-foot gold plated coaxial cable. The additional cords are necessary for connecting a network device, modem or audio video equipment to the surge protector circuitry, thereby meeting the definition of “goods put up in sets for retail sale” as per GRI 3(b). Classification is determined by the component, or components taken together, which confer on the set as a whole its essential character. The Computer/Audio/Video Surge Protector provides the essential character of this set. The applicable subheading for the “Home/Office Surge Protector,” item number 615, and the “Computer/Audio/Video Surge Protector, ” item number 1085 will be 8537.10.9070, Harmonized Tariff Schedule of the United States (HTSUS), 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 electricity…: For a voltage not exceeding 1,000 V: Other: Other: Other.” The general rate of duty will be 2.7 percent ad valorem. 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 Thomas Campanelli at (646) 733-3016. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division