CLA-2-85:OT:RR:NC:N1:112
Connie Freeman
Freight Expediters, Inc.
6920 Engle Road, Suite II
Middleburg Heights, Ohio 44130
RE: The tariff classification of the StacoSine Active Harmonic Filter and the UniStar II Uninterruptible Power Supply (UPS) from China
Dear Ms. Freeman:
In your letter dated September 29, 2010, you requested a tariff classification ruling on behalf of your client Staco Energy Products Co.
The first item concerned is referred to as the StacoSine Active Harmonic Filter. This device is designed to monitor and control harmonics generated from a nonlinear electric load. The intended function is to improve the efficiency of an electrical system. These active harmonic filters act as current generators which measure and regulate the harmonics in a facility’s electrical distribution system.
The supplied literature explains that harmonic electrical currents are spikes caused by non-linear loads at a facility. These spikes can cause excessive heating and damage to equipment, nuisance tripping of circuit breakers and corruption/loss of data. Active harmonic filters analyze the wave form on a facility’s AC bus and are capable of electronically producing a current equal in magnitude but opposite in polarity to the harmonic content of the AC waveform. As a result, the harmful, high harmonic currents are canceled out.
You propose classification of the StacoSine Active Harmonic Filters under subheading 9032.89.4000, as “Automatic regulating or controlling instruments…automatic voltage and voltage current regulators.” However, as indicated by the September 13, 2010, letter to your firm from Staco, the purpose of the filter is primarily, as much as possible, to eliminate spikes/harmonics “up to the 51st harmonic order,” if present, from the electricity passing through it. Its purpose is not “to bring this factor to, and maintain it at, a desired level” as required by the definition of the only function of items classifiable in HTSUS 9032 per Note 7 to HTSUS Chapter 90. If no spikes/harmonics are present, the filter will clearly not attempt to bring them up to a “desired level.” As such, heading 9032 would not apply.
The applicable subheading for the StacoSine Active Harmonic Filter will be 8543.70.9650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical machines and apparatus…: Other machines and apparatus: Other: Other: Other: Other.” The rate of duty will be 2.6%.
The second item concerned is referred to as the UniStar II Uninterruptible Power Supply (UPS). This device is described as a double conversion (or on-line) UPS which means it continuously converts (by means of a rectifier) an alternating current (AC) input voltage to a direct current (DC) bus voltage and then converts the bus voltage to an alternating current (AC) output voltage (by means of an inverter). The output voltage of the UPS is therefore a clean and regulated, synthesized AC voltage of high quality. Such high quality power is most frequently used as the power supply to computers, monitors and other computer periphery devices. In the event of a loss of utility power, batteries are electrically connected to the UPS’s DC bus via a static switch that allows the connected computers to operate, even during a blackout. The UniStar II Uninterruptible Power Supply (UPS) is available in 6 or 10 kVA ratings.
The applicable subheading for the UniStar II Uninterruptible Power Supply (UPS) will be 8504.40.7018, 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; power supplies for goods of subheading 8443.31 or 8443.32; power supplies for monitors of subheading 8528.41 or 8528.51 or projectors of subheading 8528.61: Other: 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 heading 8504, please contact National Import Specialist Linda Hackett at (646) 733-3015, for all other issues please contact National Import Specialist Steven Pollichino at (646) 733- 3008.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division