CLA-2:CO:R:C:M 956591 JAS
Area Director of Customs
6 World Trade Center, Rm. 423
New York, NY 10048
RE: PRD 1001-93-108430; Titanium Fan Blade Panels for Processing
into Fan Blades for Jet Engines; Articles of Titanium,
Subheading 8108.90.60; Parts of Turbojets, Unfinished,
Blanks, GRI 2(a); Civil Aircraft Agreement (CAA)
Dear Madam:
This is our decision on Protest 1001-93-108430 filed against
the classification of certain tapered alloy fan blade panels from
the UK. The entry under protest was liquidated on September 3,
1993, and this protest timely filed on December 1, 1993.
FACTS:
The merchandise in issue is invoiced as titanium hot rolled
creep flattened and machined tapered plates, referred to by
protestant as fan blade panels. The processing that results in
the production of these panels starts with the forming of alloy
titanium into consumable electrodes, which are melted and forged
into slabs. The slabs are then rolled into long flat sheets, 2
inches thick, and cut into trapezoid-shaped panels slightly wider
at the top than at the bottom. These panels are then rolled to a
1 1/2 inch thickness at the bottom tapering to a thickness of
approximately 1/4 inch thick at the top. The fan blade panels
are then brought to their condition as imported by finish
machining to proper exterior surface dimensions. After
importation, the external side or airfoil surface of a panel is
milled and sanded to a required finish and the internal side
machined to produce a cavity. Two identical panels are then
placed cavity-side-in between large dies and diffusion bonded for
up to four hours at 1725 degrees F, to produce one hollow fan
blade assembly. In what protestant describes as a series of
finishing operations, the fan blade is heated between two round
disks in a preform furnace to impart a camber or curve at one - 2 -
end, the blade skinsmoothed by additional heating in a final form
press, and the interior hollow cavity inflated with non-reactive
argon gas. Minor finish machining completes the fan blade
assembly.
The fan blade panels were entered under a provision in HTS
heading 8411 for other parts of turbojets or turbopropellers.
Protestant asserts that because of their unique titanium alloy
composition and tapered design, together with the relatively
minimal post-importation processing involved, the fan blade
panels qualify as unfinished parts for tariff purposes. Goods so
classified may be eligible for free entry under the Civil
Aircraft Agreemnet (CAA), if otherwise qualified. The entry was
liquidated under a provision for other articles of titanium, in
heading 8108, because the blade panels, being unfinished, were
not believed to have been advanced to a recognizable condition as
part of an aircraft turbine.
The provisions under consideration are as follows:
8108 Titanium and articles thereof, including
waste and scrap:
8108.90 Other:
8108.90.60 Other...15 percent
* * * *
8411 Turbojets, turbopropellers and other gas
turbines, and parts thereof:
Parts:
8411.91.90 Other...3.7 percent (Free under CAA)
ISSUE:
Whether titanium alloy fan blade panels are blanks and
therefore unfinished articles for tariff purposes.
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. - 3 -
The Harmonized Commodity Description And Coding System
Explanatory Notes (ENs) constitute the Customs Cooperation
Council's official interpretation of the Harmonized System.
While not legally binding on the contracting parties, and
therefore not dispositive, the ENs provide a commentary on the
scope of each heading of the Harmonized System and are thus
useful in ascertaining the classification of merchandise under
the System. Customs believes the notes should always be
consulted. See T.D. 89-80, 54 Fed. Reg. 35127, 35128 (Aug. 23,
1989).
The provisions of Rule 2(a) apply to the imported
merchandise if they qualify as blanks. The ENs to GRI 2(a)
provide specific guidance on the application of the rule to
articles referred to as "blanks." EN (II) to the GRI states on
p. 2:
(II) The provisions of this rule also apply to
blanks unless these are specified in a
particular heading. The term "blank" means
an article, not ready for direct use,
having the approximate shape or outline of
the finished article or part, and which can
only be used, other than in exceptional
cases, for completion into the finished
article or part.
Semi-manufactures not yet having the
essential shape of the finished articles
(such as is generally the case with bars,
discs, tubes, etc.) are not regarded as
"blanks."
The ENs address two criteria for articles which are "blanks"
for GRI 2(a) purposes: approximate shape or outline and sole use
for completion into the finished article or part.
In this case, the trapezoidal shaping and taper rolling to
different thicknesses of titanium alloy sheets into crude fan
blade panels prior to exportation establishes the approximate
external surface dimensions of each of the two blade panels
which, when combined, will comprise a finished fan blade
assembly. Even the cambering of one end of a completed fan blade
does not destroy its essential external shape which is that of
its constituent blade panels. Likewise, the trapezoidal shaping
and taper rolling establish to a reasonable certainty the end use
of the panels. - 4 -
HOLDING:
The titanium fan blade panels qualify as blanks for tariff
purposes. Under the authority of GRI 2(a), the panels are
considered unfinished parts of heading 8411. They are
classifiable in subheading 8411.91.90, HTSUS.
The protest should be ALLOWED. 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, the
Freedom of Information Act and other public access channels.
Sincerely,
John Durant, Director
Commercial Rulings Division