CLA-2-85:OT:RR:NC:N1:109

Mr. Michael V. Cerny
Cerny Associates, P.C.
Attorneys at Law
24 Smith Street
Building 2, Suite 102
Pawling, NY 12564

RE: The tariff classification of uninterruptible power supplies (UPS), from Japan and China

Dear Mr. Cerny:

In your letter dated June 18, 2009 you requested a tariff classification ruling on behalf of your client, Hitachi Computer Products (America), Inc. (“HICAM”).

The merchandise subject to this ruling is two uninterruptible power supplies (UPS). They are identified as Item Number 5533457-100 and Item Number DKC-F460I-42. HIMAC is a manufacturer and importer of disk array systems and equipment. Disk arrays are data storage systems containing multiple physical hard drives. These arrays are redundant arrays of independent disk, or RAID devices. HICAM’s disk arrays have previously been ruled upon as "Automatic data processing machines and units thereof…Storage units” of heading 8471. The two UPS devices ruled upon in this letter are for assembly into HICAM’s disk arrays.

Within HICAM’s disk array, the UPS devices provide power to the system in the event of interruptions in, or failures of, the external power supply, i.e., black outs, sags, brown outs. When an external power failure or disruption is detected, the UPS is automatically activated. For short interruptions in power (approximately 200 milliseconds or less), the power supplies maintain full system functionality. For longer power interruptions, the devices initiate a controlled shut down of the disk array subsystem, while providing power to the disk array control systems, i.e., cache memory, and shared memory. This controlled shutdown prevents potential loss or damage of data files.

The UPS Item Number 5533457-100 is an uninterruptible battery backup device manufactured in a specific size and shape to permit assembly into HICAM’s R600 disk array frame through a backplane connection, where a series of these UPS devices will be mounted. This device is comprised of circuit boards containing various resistors and capacitors, a device to control and check the charge and discharge of battery and input/output power, a step down DC-DC converter, user interface with a switch and LED lights, and nickel-hydride batteries. The power supply receives 12 volts of DC input power and converts that power to 8-12 volts DC for supplying power from the batteries to the cache memory and logic devices in the R600 controller frame (also knows as “DKC”). The power supply also provides 12 volts DC power to the batteries for recharging. The maximum input power is 15 watts, and the maximum output power is 700 watts.

This UPS monitors the input power and, if a fluctuation is detected, it provides the precise power specifications needed by the system to maintain the DKC cache memory and logic device for one minute after the detected power failure. This provides the system enough time to perform a controlled shut down.

The UPS Item DKC-F460I-42 is for the RAID450 disk array, an earlier version of the R600 disk array described above. Functionally, it is the same UPS device as Item Number 5533457-100 described above, but is not contained in a single unit. The printed circuit board for this UPS is inserted into a backplane and communicates with and controls the batteries through the backplane. Due to space limitations, the battery is located in another part of the RAID450 frame from the circuit board. This kit contains two printed circuit boards and two batteries. One printed circuit board and one battery make up a complete UPS. However, the kit includes two of each because the RAID450 device requires multiple UPS devices. The circuit board contains various resistors and capacitors, a device to control and check the charge and discharge of battery and input/output power, a step down and a step up DC-DC converter, user interface with a switch and LED lights, and nickel-hydride batteries. The power being supplied to the device is 5 volts DC and 13 volts DC from the batteries. The device converts that power to 3.3 volts DC at 8.4 watts for the cache memory and 13 volts DC at 47 watts for charging the batteries, with a maximum output of 55.4 watts.

As with Item No. 5533457-100, the DKC-F460I-42 monitors the input power and, if a fluctuation is detected, provides the precise power specifications needed by the system to maintain the cache memory and logic device for one minute after the detected power failure. This provides the system enough time to perform a controlled shut down. The printed circuit board and battery work together through the backplane to act as a functional unit within the disk array frame.

The applicable subheading for the uninterruptible power supply (UPS), Item Number DKC-F460I-42 will be 8504.40.6007, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Electrical transformers, static converters (for example, rectifiers) and inductors… Static converters: Power Supplies for automatic data processing machines or units thereof of heading 8471: Suitable for physical incorporation into automatic data processing machines or units thereof of heading 8471: With a power output exceeding 50 W but not exceeding 150 W." The rate of duty will be free.

The applicable subheading for the uninterruptible power supply (UPS), Item Number 5533457-100 will be 8504.40.6018, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Electrical transformers, static converters (for example, rectifiers) and inductors… Static converters: Power Supplies for automatic data processing machines or units thereof of heading 8471: Suitable for physical incorporation into automatic data processing machines or units thereof of heading 8471: Other." 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