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HQ 960335




September 10, 1997

CLA-2 RR:TC:MM 960335 HMC

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.98

Port Director of Customs
700 Doug Davis Drive
Atlanta, GA 30354

RE: PRD 1704-96-100622; Radome; Subheadings 3926.90.98, 8529.10.40 and 8803.30.00; Section XVI, Note 2; Parts Suitable for Use Solely or Principally with Radar Apparatus; Other Parts of Airplanes or Helicopters; United States v. Willoughby Camera Stores; HQ 957072.

Dear Port Director:

This is our decision on Protest 1704-96-100622, filed against your classification of radomes, part SM125-4. The entries under protest were liquidated on September 27, 1996, and this protest timely filed on November 27, 1996.

FACTS:

The SM125-4 radome is described as a shield manufactured from advanced thermoplastics, which is used to protect the antenna of military aircraft. The antenna is mounted on the outside of the aircraft without any type of protection from the environment. The McGraw-Hill Encyclopedia describes radomes as a strong, but electrically transparent, thin shell used to house a radar antenna, or a space communications antenna of similar structure. The shell must be large enough not to interfere with the scanning motion of the antenna. In airborne radar, the radome prevents the antenna from upsetting the aerodynamic characteristics of the airplane or missile and protects the antenna against wind and water damage and blast pressures from nearby guns. The SM125-4 radome is further described as an inert piece of equipment that cannot perform any electrical or mechanical function and that does not have any radar capabilities.

The merchandise was entered as other parts of airplanes or helicopters under subheading 8803.30.00 of the Harmonized Tariff Schedule of the United States (HTSUS). However, the entries were liquidated under subheading 8529.10.40, HTSUS, as parts suitable for use with antennas and antenna reflectors of all kinds.

The provisions under consideration are as follows:

3926 Other articles of plastics and articles of other materials of headings 3901 to 3914:

3926.90 Other:
3926.90.98 Other:...5.3%

8529 Parts suitable for use solely or principally with the apparatus of headings 8525 to 8528: 8529.10 Antennas and antenna reflectors of all kinds; parts suitable for use therewith:
8529.10.40 Radar, radio navigational aid and radio remote control...3.9%

8803 Parts of goods of heading 8801 or 8802:

8803.30.00 Other parts of airplanes or helicopters...Free

ISSUE:

Whether the radomes are classifiable as parts of airplanes under subheading 8803.30.00, HTSUS, as parts of radar under subheading 8529.10.40, HTSUS, or as other articles of plastics under subheading 3926.90.98, HTSUS.

LAW AND ANALYSIS:

Merchandise is classifiable under the HTSUS in accordance with the General Rules of Interpretation (GRIs). GRI 1 states in part that for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes, and provided the headings or notes do not require otherwise, according to GRIs 2 through 6.

It has been held that a part of an article is something that is an integral, constituent or component part necessary to the completion of the article with which it is used. See United States v. Willoughby Camera Stores, 21 C.C.P.A. 322 (1933) and HQ 957072. These decisions focus on the nature and function of the imported part as it was placed in use with another article. Accordingly, we must determine whether the radome is an integral, constituent or component part necessary to the completion of the radar or aircraft.

The SM125-4 radome is described as a shield manufactured from advanced thermoplastics, which is used to protect the radar antenna of military aircraft. The radome is also described as an inert piece of equipment that cannot perform any electrical or mechanical function and that does not have any radar capabilities. We thus find that the radome, which is used as a protective device, is not indispensable for the radar's performance. The radome is not necessary to the completion of the radar, and, as such, is not an integral part without which the radar could not properly function. Therefore, it is not classifiable under subheading 8529.10.40, HTSUS.

Similarly, we find that the radome is not necessary to the completion of the airplane to which it is installed. The radome will not be used as an essential component without which the airplane could not fly. Therefore, it is not classifiable under subheading 8803.30.00, HTSUS. We conclude that the radome is described in Chapter 39, HTSUS, which includes articles of plastics. The radome is provided for in heading 3926, HTSUS.

HOLDING:

Under the authority of GRI 1, radomes are provided for in heading 3926, HTSUS. They are classifiable in subheading 3926.90.98, HTSUS, as "Other articles of plastics and articles of other materials of headings 3901 to 3914: Other: Other:." The rate of duty is 5.3%.

This protest should be DENIED. In accordance with Section 3A(11)(b) of Customs Directive 099 3550-065, dated August 4, 1993, Subject: Revised Protest Directive, you should mail this decision, together with the Customs Form 19, to the protestant no later than 60 days from the date of this letter. Any reliquidation of the entry or entries in accordance with the decision must be accomplished prior to mailing the decision.

Sixty days from the date of the decision the Office of Regulations and Rulings will take steps to make the decision available to Customs personnel via the Customs Rulings Module in ACS and to the public via the Diskette Subscription Service, the Freedom of Information Act and other public access channels.

Sincerely,

John Durant, Director
Tariff Classification Appeals Division

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