CATEGORY: Classification s359

NY 851603

May 16, 1990

CLA-2-85:S:N:N1:109 851603

CATEGORY: Classification

TARIFF NO.: 8504.40.00, 7616.90.0080

Mr. Frank Carey A.N. Deringer, Inc. 30 West Service Road Champlain, New York 12919-9703

RE: The tariff classification of uninterruptible power supplies from Canada.

Dear Mr. Carey:

In your letter dated April 20, 1990, you requested a tariff classification ruling on behalf of Pylon Electronic Development Co., Lachine, PQ, Canada.

Your letter describes the subject merchandise as follows:

1. The System NF-3 is described in the submitted literature as a "DC" uninterruptible power supply used in applications where 48VDC (nominal) talk-filtered back-up is required. This system provides a highly reliable, compact and economic UPS for telephone, telecommunications equipment and any other application requiring 48VDC (normal), 1.3A continuous maximum power. The nominal input voltage of the unit is 117 VAC and the nominal output is 48 Vdc at 1.5A max.

2. The model UPS - 150 is described in the submitted literature as a back up source of power where a reliable source of AC mains power is critical. It is used in such areas as telecommunications (e.g. telephone/transmitter for police, fire, ambulance, security and taxi services), computing or electronic cash registers where a commercial power outage or brown-out cannot be tolerated. The UPS - 150 is designed to adapt electrical energy for further use. It supplies 150 V AC operating voltage, charges the batteries, and converts direct current from the batteries to 150 V AC when the power is a power outage or brown out. The principal function of the UPS - 150 appears to be to supply power to certain equipment. The maximum continuous output of the unit is 150 VA max.

3. The transit cases, identified in the literature as type TC-4 and TC-4R are aluminum cases designed specifically for the transportation of delicate electronic equipment and telecommunications systems respectively. The cases ensure maximum protection from shock and also provide a weather tight seal. Design of the cases is from the inside out. Cushioning contoured nylon covered resilient foam padding, reinforced corners, and hinged carrying handles are some of the features found in the cases. The TC-4R also has an inner framework to accommodate a standard rack (the yoke) and is separated from the special rubber shock mounts.

The applicable HTS subheading for the NF-3 and the UPS -150 will be 8504.40.0008, which provides for static converters, rectifiers and rectifying apparatus: power supplies: with a power output exceeding 50 W but not exceeding 150 W." The rate of duty will be 3 percent ad valorem.

The applicable HTS subheading for the carrying cases, TC-4 and TC-4R will be 7616.90.0080, which provides for other articles of aluminum: other, other: other: other." The rate of duty will be 5.7 percent ad valorem.

Goods classifiable under subheading 8504.40.00, HTS, which have originated in the territory of Canada, will be entitled to a 1.8 percent rate of duty under the United States - Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Goods classifiable under subheading 7616.90.0080, HTS, which have originated in the territory of Canada, will be entitled to a 4.5 percent rate of duty under the United States - Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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. 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