CLA-2-85:OT:RR:NC:N1:109
Mr. Gregory Lee Peebles
Sr. Compliance Manager
Maxim Integrated Products
4401 S. Beltwood Parkway
Dallas, TX 75244
RE: The tariff classification of a PowerCap and a PowerCap with Crystal from the Philippines
Dear Mr. Peebles:
In your letter dated February 1, 2010, you requested a tariff classification ruling.
The merchandise under consideration is a PowerCap and a PowerCap with Crystal. The product literature also refers to the PowerCap as DS9034PC/PCI and the PowerCap with Crystal as DS9034PCX. Samples of each of these devices were submitted for classification purposes.
The DS9034PC/PCI PowerCap is a lithium power source designed to provide 10 years of battery backup power for NV (non-volatile) SRAMS in Dallas Semiconductor’s PowerCap Module (PCM) package. It snaps directly onto a surface-mounted PowerCap Module base to form a complete NV SRAM Module.
The DS9034PCX PowerCap with Crystal a lithium power source designed to provide 10 years of battery backup power for NV (non-volatile) timekeeping RAMs in Dallas Semiconductor’s surface-mountable PowerCap Module (PCM) package. After the PowerCap module board has been soldered in place and cleaned, the DS9034PCX PowerCap with Crystal is placed on top of the PCM board to form a complete PowerCap Module package. The PowerCap is keyed to prevent incorrect attachment.
Both the DS9034PC/PCI PowerCap and the DS9034PCX PowerCap with Crystal contain a printed circuit board substrate upon which a lithium battery, connectors, and plastic cap are attached. The DS9034PCX also contains a crystal. Based on the description and function of each of these devices, each is a printed circuit assembly that carries out the function of a power supply.
You suggested Harmonized Tariff Schedule of the United States of America (HTSUSA) subheading 8473.50.3000, which provides for “Parts and accessories equally suitable for use with machines of two or more of the headings 8469 to 8472: Printed circuit assemblies.” However, although each of these devices is a printed circuit assembly, each is a power supply. Power supplies are provided for eo nominee in heading 8504. Additionally, in a conversation this office held with you, each of these power supplies has numerous uses, which are not limited to use with an automatic data processing (ADP) machine or telecommunications apparatus. As such, they are not dedicated for use solely or principally with automatic data processing (ADP) machines of heading 8471 or for use solely or principally with telecommunications apparatus. Therefore, since the DS9034PC/PCI PowerCap and the DS9034PCX PowerCap with Crystal both perform the function of a power supply, which is provided for in the HTSUSA within heading 8504, they are not parts for machines of two or more headings of 8469 to 8472, specifically ADP machines of heading 8471. Your suggested classification of 8473.50.3000 is inapplicable for these devices.
The applicable subheading for the PowerCap (DS9034PC/PCI) the PowerCap with Crystal (DS9034PCX) will be 8504.40.9540, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Static converters: Other: Rectifiers and rectifying apparatus: Power supplies: Other." The rate of duty will be 1.5 percent ad valorem.
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