CLA-2-85:RR:NC:1:112 J84511
Mr. Joel M. Nagler
Lockeed Martin Tactical Systems
Naval Electronics & Surveilance
P.O. Box 64525
St. Paul, MN 55164-0525
RE: The tariff classification of an HIO Module from Israel
Dear Mr. Nagler:
In your letter dated April 22, 2003 you requested a tariff classification ruling.
As indicated by the submitted information, the HIO Module is a printed circuit assembly that is a component of an Advanced Mission Computer (AMC). The AMC is an on-board F-16 aircraft processor that receives input data from other F-16 systems, performs fusion on that data, and presents a weapon and threat status report to the pilot.
The applicable subheading for the HIO Module will be 8543.90.6800, Harmonized Tariff Schedule of the United States (HTS), which provides for parts of electrical machines and apparatus, …, not specified or included elsewhere in Chapter 85, HTS: Other: Printed circuit assemblies: Other. The general rate of duty will be 2.6 percent ad valorem.
You have expressed the opinion that the HIO Module is classifiable under subheading 8473.30.1080, HTS, which provides for parts suitable for use solely or principally with the machines of headings 8469 to 8472. The AMC is a special purpose computer for use with the weapon system of an F-16 aircraft and it is not considered an ADP machine since it is not capable of being freely programmed in accordance with the requirements of the user. Accordingly it does not meet the requirements of Note 5(A)(a)(2), Chapter 85. Since the AMC is not classifiable under heading 8471, the HIO Module is not suitable for use solely or principally with a machine of that heading.
This ruling is being issued under the provisions of Part 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 David Curran at 646-733-3017.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division