NY 851581

APR 23 1990


CLA-2-84:S:N:N1:110 851581

Mr. Richard M. Haney
Dakota Microsystems, Inc.
1503 Grant Road, Suite 230
Mountain View, CA 94040

RE: The tariff classification of a "Powersave 500" from Hong Kong

Dear Mr. Haney:

In your letter dated April 13, 1990, you requested a tariff classification ruling. The merchandise under consideration is an internally mounted, uninterruptible power supply that is designed for use with desk-top computers. It consists of a single full-length I/O card, internal power cable, hardware, software, and on-board batteries for energy storage. When power interruption occurs, the Powersave instantaneously provides backup power, automatically saves a complete image of the PC state to disk, and safely shuts down the entire system. This unit supplies clean DC power directly to the computer's motherboard in the same voltages that the power supply normally generates itself.

Although this unit is designed to function principally as a backup power supply, it nevertheless meets the definition of a power supply used with automatic data processing machines and units thereof.

The applicable subheading for the Powersave 500 will be 8471.99.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for power supplies. The rate of duty will be 3 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport