CLA-2 CO:R:C:G 087624 CMS
Mr. Kirk Webb
Traffic Management Specialist
NASA/Wallops Flight Facility
Transportation Office
Wallops Island, VA 23337
RE: Space Flight Hardware; Spacecraft, Parts; High Velocity
Separation System; Aft And Forward Recovery System; Forward
Body Adaptor Kit; Nose Cone; Release Mechanism
Dear Mr. Webb,
This is in response to your request dated July 27, 1990, for
a classification ruling on certain space flight hardware. Our
ruling folows.
FACTS:
The merchandise consists of six assemblies described by the
importer as a high velocity separation system (HVSS), a 750 pound
OGIVE recovery system, a 1000 pound ORSA OGIVE recovery system, a
750 pound aft recovery system, a 1000 pound aft recovery system,
and a forward body adaptor kit.
The HVSS enables a rocket payload to separate from the
rocket or payload module. The assembly consists of an electrical
assembly, payload release mechanism except for the explosive
charge, and the fittings which connect the payload to the payload
module or rocket.
The 750 pound and 1000 pound OGIVE recovery systems
facilitate the deployment of the forward recovery parachute.
The systems consist of the rocket nose cone, an electrical
assembly and the release mechanism for the parachute.
The 750 and 1000 pound aft recovery systems facilitate the
deployment of the aft recovery parachute. The systems consist of
the metal parachute housing (the "can"), an electrical assembly
and the release mechanism for the parachute.
The forward body adaptor kit allows payloads to be connected
-2-
to the payload module or other payloads, or to be connected to
the rocket skin. The kit consists of payload and rocket "skin"
of varied lengths and compatible module joints.
ISSUE:
Is the merchandise classified in Heading 8803 as parts of
the spacecraft of Heading 8802, or in other headings of the
HTSUSA which more specifically describe the space flight
hardware?
LAW AND ANALYSIS:
Spacecraft are described by Heading 8802. Heading 8803
describes parts of the goods of Heading 8802.
Heading 8803 is a Section XVII heading. The Section XVII
Notes provide that articles of several other sections are
excluded from Section XVII.
The assemblies under consideration, however, are not
described by a heading of any section except for Section XVII,
where they are described by Heading 8803 as parts of spacecraft.
The assemblies are suitable for use solely or principally
with the spacecraft classified in Heading 8802. The space flight
hardware under consideration is classified as parts of spacecraft
in 8803.90.90, HTSUSA.
The forward body adapter kits are not described as parts of
communications satellites in subheading 8803.90.30, even if the
payloads consist of communications satellites. The kits contain
sections of "skin" of the rocket or payload module as well as
sections of the payload; further, the kits function to adapt the
payloads to other articles, and do not merely function as parts
of the actual satellites.
HOLDING:
The high velocity separation system (HVSS), 750 pound OGIVE
recovery system, 1000 pound ORSA OGIVE recovery system, 750
pound aft recovery system, 1000 pound aft recovery system, and
forward body adaptor kit are classified as parts of spacecraft in
8803.90.90, HTSUSA, and are entitled to entry free of duty.
Sincerely,
John Durant, Director
Commercial Rulings Division