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NY 803934




December 30, 1996

CLA-2-88:S:N:N1:108 803934

CATEGORY: CLASSIFICATION

TARIFF NO.: 8802.30.0070

Mr. Donald J. Wright
Suite Q
10818 NE Coxley Drive
Vancouver, Wa 98662

RE: The tariff classification of a used 1969 Mig-21 military aircraft from Poland.

Dear Mr. Wright:

In your letter dated October 27, 1994, you requested a tariff classification ruling.

This issue concerns the classification of a surplus military aircraft which was manufactured in Poland. Your letter states that this aircraft is a Mig-21 fighter with an unladen weight of 10,520 pounds. In addition, you state that this military aircraft will not be imported with any weapons such as cannons or machine guns and will be used for restoration and display.

The HTS provision applicable to this merchandise is used military aircraft, subheading 8802.30.0070, Harmonized Schedule of the United States (HTS), dutiable at the rate of 5 percent ad valorem.

Articles classifiable under subheading 8802.30.0070, HTS, which are products of Poland, and are certified for use in civil aircraft in accordance with General Note 3(c)(iv), HTS, are entitled to duty free treatment under the Agreement on Trade in Civil Aircraft upon compliance with all applicable regulations.

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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