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HQ 087624


November 14, 1990

CLA-2 CO:R:C:G 087624 CMS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8803.90.90

Mr. Kirk Webb
Traffic Management Specialist
NASA/Wallops Flight Facility
Transportation Office
Wallops Island, VA 23337

RE: Space Flight Hardware; Spacecraft, Parts; High Velocity Separation System; Aft And Forward Recovery System; Forward Body Adaptor Kit; Nose Cone; Release Mechanism

Dear Mr. Webb,

This is in response to your request dated July 27, 1990, for a classification ruling on certain space flight hardware. Our ruling folows.

FACTS:

The merchandise consists of six assemblies described by the importer as a high velocity separation system (HVSS), a 750 pound OGIVE recovery system, a 1000 pound ORSA OGIVE recovery system, a 750 pound aft recovery system, a 1000 pound aft recovery system, and a forward body adaptor kit.

The HVSS enables a rocket payload to separate from the rocket or payload module. The assembly consists of an electrical assembly, payload release mechanism except for the explosive charge, and the fittings which connect the payload to the payload module or rocket.

The 750 pound and 1000 pound OGIVE recovery systems facilitate the deployment of the forward recovery parachute. The systems consist of the rocket nose cone, an electrical assembly and the release mechanism for the parachute.

The 750 and 1000 pound aft recovery systems facilitate the deployment of the aft recovery parachute. The systems consist of the metal parachute housing (the "can"), an electrical assembly and the release mechanism for the parachute.

The forward body adaptor kit allows payloads to be connected
to the payload module or other payloads, or to be connected to the rocket skin. The kit consists of payload and rocket "skin" of varied lengths and compatible module joints.

ISSUE:

Is the merchandise classified in Heading 8803 as parts of the spacecraft of Heading 8802, or in other headings of the HTSUSA which more specifically describe the space flight hardware?

LAW AND ANALYSIS:

Spacecraft are described by Heading 8802. Heading 8803 describes parts of the goods of Heading 8802.

Heading 8803 is a Section XVII heading. The Section XVII Notes provide that articles of several other sections are excluded from Section XVII.

The assemblies under consideration, however, are not described by a heading of any section except for Section XVII, where they are described by Heading 8803 as parts of spacecraft.

The assemblies are suitable for use solely or principally with the spacecraft classified in Heading 8802. The space flight hardware under consideration is classified as parts of spacecraft in 8803.90.90, HTSUSA.

The forward body adapter kits are not described as parts of communications satellites in subheading 8803.90.30, even if the payloads consist of communications satellites. The kits contain sections of "skin" of the rocket or payload module as well as sections of the payload; further, the kits function to adapt the payloads to other articles, and do not merely function as parts of the actual satellites.

HOLDING:

The high velocity separation system (HVSS), 750 pound OGIVE recovery system, 1000 pound ORSA OGIVE recovery system, 750 pound aft recovery system, 1000 pound aft recovery system, and forward body adaptor kit are classified as parts of spacecraft in 8803.90.90, HTSUSA, and are entitled to entry free of duty.

Sincerely,

John Durant, Director

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