CLA-2:CO:R:C:M 954175 JAS

District Director of Customs
110 S. Fourth St., Rm 137
Minneapolis, MN 55401

RE: PRD 3501-90-000105; Systems Data Acquisition Concentrator (SDAC); Measuring or Checking Instrument; Parts of Civil Aircraft, Subheading 8803.30.00; Section XVI, Note 1(m), Section XVII, Note 2(g), HTSUS; Civil Aircraft Agreement; HQ 951858

Dear District Director:

This is our decision on Application for Further Review of Protest No. 3501-90-000105, filed against your action in liquidating an entry of merchandise called the System Data Acquisition Concentrator (SDAC). The entry was liquidated on February 23, 1990, and this protest was timely filed on May 18, 1990.


The SDAC is described as electrical apparatus which, together with an engine/warning display, system/status display, control panel, and two flight warning computers (FWC), constitutes the Electronic Centralized Aircraft Monitor system (ECAM) used aboard the A 320 Airbus. The SDAC receives signals from peripheral computers aboard the aircraft that have detected systems abnormalities or malfunctions. The SDAC measures the indicated malfunction against guidelines programmed into its memory and determines the severity. The SDAC then transmits signals representing malfunctions it determines to be moderate to the Display Management Computer (DMC) which stores the information in the craft's maintenance log. Signals representing severe malfunctions such as loss of cabin pressure or engine flameout are transmitted to the FWCs where the necessary corrective action is indicated. In either case, the signals are transmitted for cockpit display.

The merchandise was entered under the provision for other parts of airplanes or helicopters, in subheading 8803.30.00, - 2 -

Harmonized Tariff Schedule of the United States (HTSUS). The column 1 rate of duty is free. You liquidated the entry under the appropriate provision for other electrical machines and apparatus having individual functions, not specified or included elsewhere in [chapter 85]. In a letter dated April 13, 1993, counsel for protestant advances an alternative claim under subheading 9031.80.00, HTSUS, as measuring or checking instruments, appliances and machines.

The provisions under consideration are as follows:

8543.80.90 Other electrical machines and apparatus having individual functions...3.9 percent

8803.30.00 Other parts of airplanes or helicopters... Free

9031.80.00 Other measuring or checking instruments, appliances and machines.....4.9 percent

Goods classifiable in subheading 9031.80.00 are eligible for free entry under the Civil Aircraft Agreement, upon compliance with applicable law and Customs Regulations.


Whether the SDAC is a measuring instrument or appliance.


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.

Articles of chapter 90 are precluded from classification in heading 8543. Section XVI, Note 1(m), HTSUS. Likewise, articles of chapter 90 are precluded from classification in subheading 8803.30.00. Section XVII, Note 2(g), HTSUS. Therefore, if the SDAC is provided for in heading 9031 or in any other heading of chapter 90, it must be classified there.

For purposes of heading 9031, instruments or appliances that estimate or appraise a variable or quantity by comparing it to an established criterion perform a measuring function. By function and design, the SDAC is a measuring instrument of heading 9031. This merchandise is substantially similar to the Centralized Fault Data Interface Unit (CFDIU) which functioned in the process - 3 -

of measuring airline system failures. We held the CFDIU to be a good of heading 9031. HQ 951858, dated January 6, 1993.


Under the authority of GRI 1, the Systems Data Acquisition Concentrator (SDAC) is provided for in heading 9031. It is classifiable in subheading 9031.80.00, HTSUS, as other measuring or checking instruments, appliances and machines. The rate of duty on such merchandise under the Agreement on Trade in Civil Aircraft is free.

The protest should be allowed. A copy of this decision should be attached to the Customs Form 19 and mailed to the protestant, through counsel, as part of the notice of action on the protest.


John Durant, Director