Free entry of middeck lockers for space shuttle if certified by NASA

HQ 556448 January 7, 1992 CLA-2 CO:R:C:S 556448 RA CATEGORY: Classification TARIFF NO: 9808.00.80 Patrick K. McCooey Customs Supervisor Mitsubishi International Corp. 520 Madison Avenue New York, New York 10022 RE: Free entry of middeck lockers for space shuttle if certified by NASA Dear McCooey: This is in response to your letter of December 4, 1991,. requesting a ruling on the possible duty exemption for certaln middeck lockers which will be imported from Japan for use as support equipment in connection with launches into space of space shuttles. FACTS: You enclose letters, brochures, etc., from McDonnell Douglas, the prime contractor, and Spacehab who has a launch services agreement with the National Aeronautics and Space Adminstration (NASA) and who has subcontracted with your company to furnish the lockers. These letters, together with other enclosed technical data, explain how the lockers will be incorporated into the space modules which will be launched into space in accordance with NASA specifications. You also provide a copy of the launch services agreement between NASA and Spacehab. ISSUE: Will the imported lockers qualify for free entry under subheading 9808.00.80, Harmonized Tariff Schedule of the United States (HTSUS)? -2- LAW AND ANALYSIS: Subheading 9808.00.80, HTSUS provides or the free entry of "articles for [NASA] and articles... importecl to be launched into space under launch services agreements" with NASA, if the materials are certified by NASA to the Commissioner of Customs as importecl to be launched into space as spare parts or unicluely associated support equipment or use in connection with a launch into space. It is clear from the materials submitted that the lockers are imported to be launched into space. Accordingly, we are of the opinion that the lockers satisfy the requirement of the subheading that they consist of articles imported to be launched into space under a launch services agreement. However, in order to be accorded free entry under the provision of the statute, it is necessary prior to importation to have a duly authorized officer of NASA issue a certificate which indicates that the article meets the other requirement of subheading 9808.00.80, HTSUS, that it is necessary and uniquely associated equipment for use in connection with a launch into space. HOLDING: Middeck lockers imported to be launched into space under a launch services agreement with NASA will qualify for free entry under the provisions of subheading 9808.00.80, HTSUS, if certified by NASA to be necessary support equipment for use in connection with a launch into space. Sincerely, John Durant, Director Commercial Rulings Division