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

Ms. Jennifer Payton
Customer Service/Logistics
Green Cubes Technology, LLC
3429 Knobs Valley Dr.
Floyds Knobs, IN 47119

RE: The tariff classification of a medical power supply system from Taiwan

Dear Ms. Payton:

In your letter dated March 26, 2009 you requested a tariff classification ruling.

The merchandise subject to this ruling is a medical power supply system. It is a power supply packaged together with eight A123 batteries, nanophosphate™ lithium ion batteries. It has a power output of 120 watts. The Data Sheet furnished with your submission identifies the power supply as a Universal Power Electronics MPS-4007. The MPS-4007 will be used to supply power to a mobile clinical workstation used in health care facilities.

The MPS-4007 (Universal Power Electronics) is a CSA/IEC/EN 60601-1 compliant fully automatic power supply and charger for mobile clinical work stations in hospital environments. It is capable of discharging and charging Li-Fe batteries. The MPS-4007 connects to a Windows compatible computer via USB and provides up to the minute status information about the charge status of the battery and remaining run-time, as well as battery alarms, hibernation and shut down features. The power supply also features a remote fuel gauge to provide status information when the computer is off.

You suggested Harmonized Tariff Schedule of the United States (HTSUS) subheading 8504.40.6007, which provides for “Power supplies suitable for physical incorporation into an automatic data processing machine.” However, the Data Sheet for the MPS-4007 (Universal Power Electronics) medical power supply system states that it is connected to, not incorporated into, a Windows compatible computer via a USB. As such, HTSUS subheading 8504.40.6007 is inapplicable. The MPS-4007 is more specifically provided for under HTSUS subheading 8504.40.7007 as “Other: Power supplies for automatic data processing machines.”

The applicable subheading for the MPS-4007 (Universal Power Electronics) medical power supply system will be 8504.40.7007, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Power supplies for automatic data processing machines or units thereof of heading 8471…: Other: With a power output exceeding 50 W but not exceeding 150 W.” 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