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NY C85902




April 2, 1998

CLA-2-88:RR:NC:MM:106 C85902

CATEGORY: CLASSIFICATION

TARIFF NO.: 8802.20.0040

Mr. William S. Lovelace
SME Aero, Inc.
3240 SW Capital Circle
Tallahassee, Florida 32310

RE: The tariff classification of an MD3-160 aircraft from Malaysia.

Dear Mr. Lovelace:

In your letter dated March 26, 1998 you requested a tariff classification ruling. You submitted an FAA Type Certificate, number A65EU, and descriptive literature with your request.

The subject airplane is a two-seat, single engine civil aircraft, identified as the MD3-160 and designated the "Aerotiga". This aircraft's single wing design and Textron Lycoming 0-320, 160 horsepower engine enables the airplane to perform various aerobatics, sport flying and flight training procedures. You state that the aircraft weighs 1,411 pounds or 640 kgs.

The applicable subheading for the MD3-160 aircraft will be 8802.20.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for single engine airplanes of an unladen weight not exceeding 2000 kgs. The rate of duty will be 1 percent ad valorem.

Articles classifiable under subheading 8802.20.0040, HTS, which are products of Malaysia, and are certified for use in civil aircraft in accordance with General Note 6, 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 Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Patrick J. Wholey at 212-466-5668.

Sincerely,

Robert B. Swierupski
Director,

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