HQ 954987: PRD 3501-92-100147; Forward Attendant Panel (FAP); Electrical Apparatus for Controlling Cabin Systems, Part of Cabin Intercommunication Data System (CIDS) Which Incorporates Telephonic, Sound and Visual Signaling Apparatus, Heading 8531, Section XVI, Note 2; Electrical Apparatus for Controlling Output Devices, Heading 8537; Section XVII, Note 2(f), Parts of Airplanes or Helicopters, Heading 8803, Civil Aircraft Agreement (CAA) Dear Sir:

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                

                            HQ 954987

                            FEBRUARY 25, 1994

CLA-2:CO:R:C:M    954987 JAS

CATEGORY:    Classification

TARIFF NO.:  8537.10.00

Area Director of Customs
110 S. Fourth Street, Rm. 137
Minneapolis, MN 55401

RE:  PRD 3501-92-100147; Forward Attendant Panel (FAP);
     Electrical Apparatus for Controlling Cabin Systems,
     Part of Cabin Intercommunication Data System (CIDS)
     Which Incorporates Telephonic, Sound and Visual
     Signaling Apparatus, Heading 8531, Section XVI, Note 2;
     Electrical Apparatus for Controlling Output Devices, Heading
     8537; Section XVII, Note 2(f), Parts of Airplanes or
     Helicopters, Heading 8803, Civil Aircraft Agreement (CAA)
   
Dear Sir:

     This is our decision on Application for Further Review of
Protest No. 3501-92-100147, filed on behalf of Northwest
Airlines, Inc., against your action in classifying certain
electrical control apparatus from Germany for use aboard the
Airbus A-320 aircraft.  The entry in question was liquidated on
April 10, 1992, and this protest timely filed on May 22, 1992.

FACTS:

     The merchandise in question is listed on the Customs Form
6445A as a "frame", designated part no. Z130H200112.  In fact, it
is the Forward Attendant Panel (FAP) described in Northwest's
maintenance manual as electrical apparatus that is "...a
component of the Cabin Intercommunication Data System (CIDS)"
that "...enables flight attendants to control various cabin
systems."  In a submission, dated February 17, 1994, counsel for
protestant confirms the FAP is a "main component" of the CIDS,
the system "which controls communications between the crew...and
passengers onboard the aircraft."  Submission, at p. 1.

     The FAP is modular and consists of a frame into which are
incorporated an air temperature module, light module, audio
module with space for a fourth miscellaneous module, as needed. 
All modules are connected by cables to a microcomputer.  The
literature indicates these modules "give the control" of cabin - 2 -

section and entry area illumination, window, ceiling and decor
light, lavatory lights, attendant work light and reading light,
prerecorded announcements, boarding music and passenger
entertainment, and emergency lights, evacuation system, passenger
call system and water and waste systems. 
     
     The FAP was entered under the duty-free provision for other
parts of airplanes or helicopters, in subheading 8803.30.00,
Harmonized Tariff Schedule of the United States (HTSUS).  The
concerned import specialist determined that the FAP was actually
a control panel for the CIDS and liquidated the entry under
subheading 8537.10.00, HTSUS, as a panel for electric control  or
the distribution of electricity.  Counsel now maintains that in
addition to its function of allowing flight attendants to
illuminate lights and audio/visual communications, the FAP
performs a signaling function in that it enables passengers to
"Call" flight attendants and serves as a visual display when the
pilot signals evacuation or when the attendants want to signal
the pilot of a cabin condition.  Thus, the provision for
indicator panels incorporating light emitting diodes, in
subheading 8531.20.00, HTSUS, is claimed to be appropriate.  This
provision is free of duty under the Civil Aircraft Agreement
(CAA).
     
     The provisions under consideration are as follows:

     8531           Electric sound or visual signaling apparatus:
                    
     8531.20.00     Indicator panels incorporating liquid crystal
                    devices (LCD's) or light emitting diodes
                    (LED's)...Free under the CAA

     8531.90.00     Parts...2.7 percent

               *         *         *         *         *

     8537           Boards, panels and consoles for electric
                    control or the distribution of electricity:

     8537.10.00     For a voltage not exceeding 1,000 V
                    ...5.3 percent

               *         *         *         *         *

     8803           Parts of goods of heading 8801 or 8802:

     8803.30.00     Other parts of airplanes or helicopters
                    ...Free
ISSUE:

     Whether the FAP is a control device of heading 8537. - 3 -

LAW AND ANALYSIS:

     Merchandise is classifiable under the Harmonized Tariff
Schedule of the United States (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.

     For purposes of heading 8803, the expressions "parts" and
"parts and accessories" do not apply to electrical machinery or
equipment of chapter 85.  Section XVII, Note 2(f), HTSUS.  Thus,
if the FAP is provided for in heading 8531, 8537 or in any other
heading of chapter 85, it cannot be classified in heading 8803.

     In HQ 954719, dated February 1, 1994, we determined that the
Cabin Intercommunication Data System (CIDS) was a composite
machine performing two functions (i.e., audio and visual) that
are complementary, and that visual signaling was its principal
function.  The CIDS was found to be apparatus of heading 8531. 
The principles of HQ 954719 are incorporated by reference in this
decision.

     It is apparent from the submitted data, as confirmed in
counsel's submission, that the FAP is an integral component or
part of the CIDS.  Subject to certain exceptions not relevant
here, goods that are parts of machines of chapters 84 and 85 are
to be classified according to Section XVI, Note 2, HTSUS.  Parts
that are goods included in any of the headings of chapters 84 or
85 are in all cases to be classified in their respective
headings.  Note 2(a).  

     Notwithstanding the fact the FAP may be a part of apparatus
of heading 8531, in accordance with Note 2(a) the threshold issue
is whether the FAP is an electric control device of heading 8537. 
Heading 8537 includes boards and panels, among other apparatus,
for electric control (Emphasis added).  As stated in HQ 954719,
the CIDS is a microprocessor controlled data bus system for the
control, operation and testing of passenger address (PA), cabin,
interphone, passenger call, passenger lighted signs, general
illumination and emergency evacuation signaling.  The CIDS
incorporates both the audio and visual signaling media that
allows the pilot and flight attendants to communicate with each
other and with the passengers.  The FAP permits flight attendants
access to the CIDS.  The FAP therefore qualifies as a panel for
control of the electrical components incorporated in the CIDS. 
For this reason, it is a control device of heading 8537. - 4 -
   
HOLDING:

     Under the authority of GRI 1, the FAP is a panel for
electric control, of heading 8537.  It is classifiable in
subheading 8537.10.00, HTSUS, as liquidated.  This precludes
subheading 8803.30.00 from consideration.

     The protest is 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, Lexis, the Freedom of Information
Act and other public access channels.

                              
                              Sincerely,


                              John Durant, Director
                              Commercial Rulings Division