CLA-2-88:R:N1:106 814640
Mr. Michael Paquet
P. A. International, Inc.
1460 S.W. 3rd Street
Pompano Beach, FL 33069
RE: The tariff classification of a spherical bearing assembly
for helicopters from England
Dear Paquet:
In your letter dated July 20, 1995, which was received in
this office on September 21, 1995, you requested a tariff
classification ruling. You included technical drawings with your
request.
The spherical bearing assembly in question fits into the
main rotor head assembly of a helicopter between each main rotor
blade and the adaptor. This assembly aids the pitching action of
the rotor blades. Your designation of this article is "JOINT,
BALL" and bears the part number 11-7775P or 11-7775. It is used
on Eurocopter helicopter model SA-365 and the HH65 helicopter of
the U. S. Coast Guard.
The applicable subheading for this spherical bearing
assembly when used in civil aircraft will be 8803.10.0010,
Harmonized Tariff Schedule of the United States (HTS), which
provides for propellers and rotors and parts thereof for use in
civil aircraft. When used in aircraft other than civil aircraft,
the applicable subheading will be 8803.10.0050, HTS, which
provides for propellers and rotors and parts thereof, other. The
rate of duty for both subheadings will be free.
Statistical Note 1 to Chapter 88 of the HTS defines the term
"civil aircraft" as follows:
[t]he term 'civil aircraft' for the purposes of importation
means all aircraft other than aircraft purchased for use by
the Department of Defense or the United States Coast Guard;
and for the purposes of exportation means all aircraft other
than aircraft for use by the armed forces of a foreign
country.
It is the opinion of this office that the spherical bearing
assembly would not be subject to antidumping duties under the
current Department of Commerce antifriction bearing dumping
investigation as published in the Federal register on May 15,
1989. The grounds for this determination are that spherical
plain bearings from England are not covered under any dumping
order. Should you desire a binding ruling on the applicability
of this anti-dumping case to your merchandise, please write
directly to the Department of Commerce, Office of Compliance,
Washington, D.C.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above
should be provided with the entry documents filed at the time
this merchandise is imported. If you have any questions
regarding the ruling, contact National Import Specialist Patrick
J. Wholey at 212-466-5668.
Sincerely,
Roger J. Silvestri
Director
National Commodity
Specialist Division