CLA-2-85:RR:NC:MM:109 K80315

Ms. Rick Wilson
Manager, Import/Export Compliance
Liebert Corporation
1050 Dearbon Drive
Columbus, OH

RE: The tariff classification of Uninterruptible Power Supplies (UPS) from an unspecified country

Dear Mr. Wilson:

In your letter dated October 22, 2003, you requested a tariff classification ruling.

The merchandise is described in your letter as Uninterruptible Power Supplies (UPS). These UPSs’ connect directly the USB port of a personal computer to provide power in the event of power loss or outage. User Manuals were furnished for four different types of UPSs. They are UPStation GXT 700-3000 VA, UPStation GXT 2U 700-3000 VA 120V, GXT5000R-208 5000 VA/3750W 208 Volt, and UPStation GXT 6 kVA & 10 kVA 208V & 240V.

The UPStation GXT 700-3000 VA 120V is a UPS designed for data processing equipment and provides conditioned power to microcomputers. This UPS has a power output of 490 watts. It has an interface port for communication between the UPS and a Local Area Network (LAN) server or other computer system. During normal mode operation, utility power provides energy to the UPS. Battery mode occurs in the event of an extreme input voltage condition or complete utility failure. The battery system supplies power through the DC-DC converter to the inverter to generate power for the connected load.

The UPStation GXT 2U 700-3000 VA 120V is a UPS designed for data processing equipment and provides conditioned power to microcomputers. This UPS has a power output of 490 watts. It has an interface port for communication between the UPS and a network server or other computer systems. During normal operation, utility power provides energy to the UPS. The filters, power factor correction circuit and the inverter process this power to provide computer-grade power to connected loads. The UPS maintains the batteries in a fully charged state.

The UPStation GXT5000R-208 5000 VA/3750W 208 Volt is a UPS designed for data processing equipment and provides conditioned power to microcomputers. This UPS has a power output of 3,750 watts. The GXT5000R-208 has a DB-9 serial port male connector on the rear of the unit. During normal operation, utility power provides energy to the UPS. The filters, the power factor correction circuit and the inverter process this power to provide computer-grade power to connected loads. The UPS maintains the batteries in a fully charged state.

The UPStation GXT 6 kVA & 10 kVA 208V & 240V is designed for data processing equipment and provides conditioned power to microcomputers. The 6 kVA is a UPS, which has a power output of 4,200 Watts, and the 10 kVA is a UPS, which has a power output of 7,000 watts. These UPStation GXT each have an interface port for communications between the UPS and a LAN server or other computer system. These ports provide detailed operating information including voltages, currents, and alarm status to the host system when used in conjunction with the SiteNet( 2 software. SiteNet( 2 software can also remotely control UPS operation.

The applicable subheading for the UPStation GXT 700-3000 VA and the UPStation GXT 2U 700-3000 VA 120V, will be 8504.40.7012, Harmonized Tariff Schedule of the United States (HTS), which provides for “Static converters: Power supplies for automatic data processing machines or units thereof of heading 8471: Other, With a power output exceeding 150 W but not exceeding 500 W.” The rate of duty will be free.

The applicable subheading for the UPStation GXT5000R-208 5000 VA/3750W 208 Volt, and UPStation GXT 6 kVA & 10 kVA 208V & 240V, will be 8504.40.7018, Harmonized Tariff Schedule of the United States (HTS), which provides for “Static converters: Power supplies for automatic data processing machines or units thereof of heading 8471: Other, Other.” The rate of duty will be free.

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