The tariff classification of universal 100-250 VAC weatherproof enclosure from China

N153076 April 8, 2011 CLA-2-85:OT:RR:NC:N1:109 CATEGORY: Classification TARIFF NO.: 8504.40.8500 Mr. Franco Grutti VP of Customs Relations Seajet Express, Inc. 46 Arlington Street Chelsea, MA 02150 RE: The tariff classification of universal 100-250 VAC weatherproof enclosure from China Dear Mr. Grutti: In your letter dated March 3, 2011, you requested a tariff classification ruling on behalf of your client, L-Com. The merchandise subject to this ruling is a universal 100-250 VAC weatherproof enclosure. You have identified it within your letter as NBP141004-E00. The NBP141004-E00 is an enclosure that is used to house telecommunication apparatus, such as access points, routers, and bridges. The measurements of the weatherproof enclosure are 14” x 10” x 4”. The 10.5” x 9.5” x 4” internal compartment contains a removable 100-250 VAC (volts of alternating current) EURO universal socket power module with two 100-250 VAC universal outlets. Cable access to the inside of the enclosure is via three rubber cable glands located on the bottom of the enclosure. Telecommunications equipment can be mounted inside the enclosure either by using the included hook-and-loop tape or the four mounting stand-offs. The raised lid features a continuous gasket and a quick release latch with provisions for a padlock. The enclosure material is UV stabilized molded ABS. Three gasketed mounting holes are provided inside the enclosure for easy installations. You suggested that the classification of the NBP141004-E00 universal 100-250 VAC weatherproof enclosure was Harmonized Tariff Schedule of the United States (HTSUS) subheading 8517.70.0000, which provides for “Other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network), other than transmission or reception apparatus of heading 8443, 8525, 8527, or 8528; parts thereof: Parts.” However, the NBP141004-E00 does not consist of only a weatherproof enclosure to house telecommunication apparatus, such as access points, routers, and bridges telecommunication apparatus. It also contains a 100-250 VAC EURO universal socket power module. As such, it is more specifically described as a power supply for telecommunication apparatus and classified within HTSUS subheading 8504.40.8500 as a “Static converter for telecommunication apparatus.” The applicable subheading for the universal 100-250 VAC weatherproof enclosure (NBP141004-E00) will be 8504.40.8500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical transformers, static converters (for example rectifiers) and inductors; parts thereof: 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. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division