The tariff classification of vertical tip stabilizer for an aircraft from France

NY G88605 April 13, 2001 C:MM:106 G88605 CATEGORY: Classification TARIFF NO.: 8803.30.0030 Mr. John Amico Dassault Falcon Jet Corp. Teterboro Airport Box 2000 South Hackensack, NJ 07606 RE: The tariff classification of vertical tip stabilizer for an aircraft from France Dear Amico: In your letter dated March 26, 2001 you requested a tariff classification ruling. You submitted technical data with your request. The article in question, part # MY20310-11ADA, is described as a vertical tip stabilizer used in the vertical stabilizer section of both the Falcon 20 civil aircraft and the U. S. Coast Guard model HU-25. The vertical stabilizer, also known as the fin, is the vertical portion of a plane's tail and helps to increase the stability of the aircraft. In this request, the part is said to be for use in civil aircraft other than for use by the United States Coast Guard. The applicable subheading for the vertical tip stabilizer will be 8803.30.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for other parts of airplanes or helicopters for use in civil aircraft other than for use by the Department of Defense or the United States Coast Guard. The rate of duty will be free. For information purposes only, you asked about aircraft parts which are entered pursuant to the Agreement on Trade in Civil Aircraft (CAA) as governed by General Note 6 of the HTS and which are purchased for use by the Department of Defense or the United States Coast Guard. General Note 6(b)(ii) states that such parts do not conform to the term "civil aircraft" as defined in General Note 6(b)(i) and would not be eligible for duty free treatment under the CAA unless such parts satisfy the requirements of subdivision (i)(A) and (i)(b)(1) or (2) of General Note 6, which deals with the definition of the term "civil aircraft" and the certification process under the CAA. 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 anyApril 13, 2001 questions regarding the ruling, contact National Import Specialist Patrick J. Wholey at 212-637-7036. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division