CLA-2-85:RR:NC:1:110 L81751
Ms. Kim Holstrom
9911 Willows Road N.E.
Redmond, WA 98052
RE: The tariff classification of a “KVM” Consol Switch from Malaysia.
Dear Ms. Holstrom:
In a letter dated December 21, 2004, Mr. Ron Reuben requested a tariff classification ruling on behalf of his client Avocent Corporation.
The merchandise under consideration is the Dell KVM Console Switch. A sample of a similar KVM Switch was submitted with your ruling request and will be returned to you. From the information provided with this request, the Dell KVM Console Switch is identical, except for certain cosmetic elements, to the submitted sample. As indicated in the submitted descriptive literature, the Dell KVM Console Switch is a rack mounted solid-state electronic device that will be utilized by a computer system administrator. This switch consists of a metal housing that measures approximately 17.2 inches wide by 6.5 inches deep and is 1.7 inches high. The KVM Switch will have 1 or 2 local access ports for hooking up to a monitor, keyboard and mouse, 8 or 16 RJ45 ports for server hookup, an additional RJ45 port for connecting to another Avocent unit, and a DB9 interface for delivery of upgrade firmware. The KVM Switch will allow the system administrator to view and control several servers through the use of one or two monitors, keyboards and mouse.
Additional information on the functioning of the KVM Console Switch was received from you on January 11, 2005. It utilizes a combination of solid state switching and software to switch the input signals from various servers that are connected to the switch. It switches between ports on the switch. It does not interface with the server CPU for the purpose of accepting or delivering data in a coded form. In NY R00197, dated April 22, 2004, a similar KVM Switch was classified in heading 8537.
The applicable subheading for the Dell KVM Console Switch will be 8537.10.9070, Harmonized Tariff Schedule of the United States (HTS), which provides for “Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity…For a voltage not exceeding 1,000 V: Other: Other: Other.” The general rate of duty will be 2.7 percent ad valorem.
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 Eileen S. Kaplan at 646-733-3016.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division