CLA-2:CO:R:C:M 952880 JAS
Area Director of Customs
J.F.K. Airport
Building 178
Jamaica, New York 11430
RE: Flow Control Valve; Valve for Regulating Aircraft Cabin
Pressure; Automatic Regulating and Controlling Apparatus,
Subheading 9032.89.60; PRD 1001-92-103268
Dear Sir:
This is our decision on Application for Further Review of Protest No. 1001-92-103268, dated May 5, 1992, filed on behalf of Hermetic Aircraft against your action in liquidating an entry of pressure control valves from France.
FACTS:
The article in question is identified as a control valve that controls cabin pressure in an aircraft cabin environmental system. There is no further description.
The control valve was entered under the provision for other automatic regulating or controlling instruments and apparatus, in subheading 9032.89.60, Harmonized Tariff Schedule of the United States (HTSUS). Protestant maintains the article "monitors and regulates" cabin pressure. The column 1 rate of duty under this provision is 4.9 percent ad valorem, but goods so classifiable are eligible for free entry under the Civil Aircraft Agreement (CAA).
The concerned import specialist noted that valves are specially provided for in heading 8481 and liquidated the entry in subheading 8481.80.90, HTSUS, as other valves. Goods so classifiable are not eligible for free entry under the CAA.
ISSUE:
Whether goods may be classifiable as parts in chapter 90 when they are provided for by name in chapter 84. - 2 -
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.
Initially, articles of chapter 90 are precluded from classification in section XVI (which includes chapter 84). See section XVI, note 1(m), HTSUS. But, the articles under protest are not articles of chapter 90 because valves or other appliances of heading 8481 are not covered by chapter 90. See chapter 90, note 1(f), HTSUS.
Heading 8481 provides for valves eo nomine, by name. Absent limiting language, or a shown contrary legislative intent, judicial decision, or administrative practice, and without proof of commercial designation, an eo nomine designation will include all forms of the named article. The articles in issue are mechanical devices whose passageways open or close in direct correlation to line pressure. They are valves in common meaning and are provided for in heading 8481. They are thus eliminated from classification in chapter 90.
HOLDING:
Under the authority of GRI 1, goods represented by the flow control valve are provided for in heading 8481. They are classifiable as other valves, in subheading 8481.80.90, HTSUS.
The protest should be denied. A copy of this decision should be attached to the Customs Form 19, and mailed to the protestant, through his representative, as part of the notice of action on the protest.
Sincerely,
John Durant, Director
Commercial Rulings Division