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HQ 953647



March 26, 1993

CLA-2 CO:R:C:M 953647 DWS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8803.30.00

District Director
U.S. Customs Service
909 First Avenue, Room 2039
Seattle, WA 98174

RE: IA 12/93; Fairing Aircraft Part; GRI 2(a); Complete and Unassembled; Explanatory Note 2(a)(V) and (VII); HQ 953314; HQ 951508; HQ 088891; Explanatory Note 88.03(II)(1)

Dear Sir:

This is in response to your memorandum of February 1, 1993 (CLA-2-12 SE:C:D DLD), requesting internal advice concerning the tariff classification of an aircraft part, described as a fairing, under the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The merchandise consists of an aircraft part described as a fairing. The fairing is about 84 feet long and attaches to the body of an aircraft, fitting over the wing. This allows air to flow evenly around the wing and body during flight. As a result, the aircraft is aerodynamically stable.

To facilitate over the road shipping, the fairing is imported in an unassembled state, with all of the sections in the same shipment on the same truck. Each fairing is assembly line or aircraft assigned. The individual sections are assembled together after importation to form a complete fairing.

ISSUE:

Whether the merchandise, imported in sections in a single shipment, constitutes a complete and unassembled aircraft part under the HTSUS? Whether a complete and unassembled fairing is classifiable under heading 8803, HTSUS, as an other part of an airplane?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification is determined according to the terms of the headings and any relative section or chapter notes.

Because the merchandise is imported in sections in the same shipment, we must determine whether the sections constitute a complete and unassembled aircraft part.

GRI 2(a) states that:

[a]ny reference in a heading to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as entered, the incomplete or unfinished article has the essential character of the complete or finished article. It shall also include a reference to that article complete or finished (or falling to be classified as complete or finished by virtue of this rule), entered unassembled or disassembled.

In understanding the language of the HTSUS, the Harmonized Commodity Description and Coding System Explanatory Notes may be utilized. The Explanatory Notes, although not dispositive, are to be used to determine the proper interpretation of the HTSUS. 54 Fed. Reg. 35127, 35128 (August 23, 1989).

Explanatory Note 2(a)(V) (p. 2) states that:

[t]he second part of Rule 2(a) provides that complete or finished articles presented unassembled or disassembled are to be classified in the same heading as the assembled article. When goods are so presented, it is usually for reasons such as requirements or convenience of packing, handling or transport.

In part, Explanatory Note 2(a)(VII) (p. 2) states that:

[f]or the purposes of this Rule, "articles presented unassembled or disassembled" means articles the components of which are to be assembled either by means of simple fixing devices (screws, nuts, bolts, etc.) or by riveting or welding, for example, provided only simple assembly operations are involved.

It is our position that the fairing sections, imported together in the same shipment, constitute a complete and unassembled aircraft part. Based upon information supplied to us, we find that the fairing is imported unassembled for reasons such as "convenience of packing, handling or transport." Also, after importation, the sections are connected by means of simple assembly, namely through the use of screws, nuts, bolts, riveting, and welding. See HQ 953314, dated February 19, 1992, and HQ 951508, dated July 8, 1992.

No evidence has been provided demonstrating that the fairing sections are disparate parts, shipped in bulk for inventory purposes. See 088891, dated June 21, 1991, and HQ 951508.

The parts of general use used to assemble the sections (screws, bolts, etc.) into a complete fairing are to included in the classification of a complete fairing. They are not to be broken out and classified separately.

Subheading 8803.30.00, HTSUS, provides for: "[p]arts of goods of heading 8801 or 8802: [o]ther parts of airplanes or helicopters."

In part, Explanatory Note 88.03(II)(1) (p. 1445) states that:

[t]he parts of this heading include:

(II) Parts of aircraft including gliders and kites, e.g.:

(1) Fuselages and hulls; fuselage or hull sections; also their internal or external parts (radomes, tail cones, fairings . . .).

Based upon the inclusion of fairings under Explanatory Note 88.03(II)(1), it is our position that the subject merchandise is classifiable under subheading 8803.30.00, HTSUS.

HOLDING:

The fairing sections, imported together in the same shipment, constitute a complete and unassembled fairing aircraft part.

The fairing is classifiable under subheading 8803.30.00, HTSUS, which provides for: "[p]arts of goods of heading 8801 or 8802: [o]ther parts of airplanes or helicopters." Goods classifiable under this provision receive duty free treatment.

You should advise the internal advice applicant of this decision.

Sincerely,

John Durant, Director

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