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NY 882100


CLA-2-88:S:N:N1:108 882100

CATEGORY: CLASSIFICATION

TARIFF NO.: 8803.10.0010

Mr. John F. Norris
W.J. Norris Inc.
80 King Spring Road
P.O Box 3426
Windsor Locks, Connecticut 06096-6546

RE: The tariff classification of an aircraft flap actuator from Italy.

Dear Mr. Norris:

In your letter dated January 15, 1993, on behalf of Hamilton Standard Division of United Technologies Corporation, One Hamilton Road, Windsor Locks, Ct. 06096, you requested a tariff classification ruling.

The item in question is known as an aircraft flap actuator. It consists of a torque limiter, a worm gear drive and a ballscrew. The unit, after importation, is connected to an external power source, such as an electrical or hydraulic motor, and used to raise or lower the flaps on an aircraft wing. The item would normally be classified under the HTS provision covering fixed ratio speed changers, number 8483.40.5010. This provision, though, is subject to an exclusion which states that transmission components which are parts of vehicles or aircraft of Section XVII, other than as internal parts or engines, are to be classified under the provision coverings parts of such aircraft, in Chapter 88.

The applicable subheading for the aircraft flap actuator will be 8803.10.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for other parts of airplanes. The rate of duty will be Free.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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