HQ 955549: Falcon 200 aircraft; Agreement on Trade in Civil Aircraft; General Note 6, HTSUS

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 955549

                         March 21, 1994
                                                               


CLA-2 CO:R:C:M  955549 LTO

CATEGORY:  Classification

TARIFF NO.:  8802.20.00; 8802.30.00; 8802.40.00

Mr. Tomas G. Schlack
Assistant Naval Attache
Embassy of Chile
1736 Massachusetts Avenue, NW
Washington, D.C. 20036

RE:  Falcon 200 aircraft; Agreement on Trade in Civil Aircraft;
     General Note 6, HTSUS

Dear Mr. Schlack:

     This is in response to your letter of December 7, 1993,
requesting the classification of the Falcon 200 aircraft (S/N
496) under the Harmonized Tariff Schedule of the United States
(HTSUS).

FACTS:

     The article in question is the Falcon 200 aircraft, which is 
described as "civilian aircraft."  It will be imported by the
Government of Chile for sale in the U.S.

ISSUE:

     Whether the Falcon 200 aircraft is classifiable as other
aircraft (airplanes) under heading 8802, HTSUS.

LAW AND ANALYSIS:

     The General Rules of Interpretation (GRI's) to the HTSUS
govern the classification of goods in the tariff schedule.  GRI 1
states in pertinent part that "for legal purposes, classification
shall be determined according to the terms of the headings and
any relative section or chapter notes . . . ."  

     The Falcon 200 aircraft is classifiable under heading 8802,
HTSUS, which provides for other aircraft (for example, - 2 -

helicopters, airplanes)."  The subheadings at issue are as
follows:

     8802.20.00     Airplanes and other aircraft, of an
                    unladen weight not exceeding 2,000 kg

*    *    *    *    *    *    *    *    *    *    *    *    *    

     8802.30.00     Airplanes and other aircraft, of an
                    unladen weight exceeding 2,000 kg but
                    not exceeding 15,000 kg

*    *    *    *    *    *    *    *    *    *    *    *    *    

     8802.40.00     Airplanes and other aircraft, of an
                    unladen weight exceeding 15,000 kg

     Because the information and description of the subject
aircraft did not include the unladen weight, we cannot render an
opinion as to the classification of the aircraft at the
subheading level.  However, the corresponding rate of duty for
articles of the above subheadings is 5% ad valorem.  Further, the
rate of duty "Free (C)," which corresponds to the Agreement on
Trade in Civil Aircraft, appears in the "Special" subcolumn of
each subheading.  General Note 6, HTSUS, states that for purposes
of the tariff schedule, "the term 'civil aircraft' means all
aircraft other than aircraft purchased for use by the Department
of Defense or the United States Coast Guard."  If the Falcon 200
aircraft meets this definition, it is eligible for duty-free
treatment under the Agreement on Trade in Civil Aircraft.  
     
HOLDING:

     The Falcon 200 aircraft is classifiable under subheading
8802.20.00, 8802.30.00 or 8802.40.00, HTSUS, depending upon its
unladen weight.

                              Sincerely,




                              John Durant, Director
                              Commercial Rulings Division