CLA-2-83:OT:RR:NC:N1:121
Joseph Lovegren
Shimadzu Precision Instruments, Inc.
3645 N. Lakewood Blvd.
Long Beach, CA 90808
RE: The tariff classification of an aircraft door snubber from Japan
Dear Mr. Lovegren:
In your letter dated March 11, 2022, you requested a tariff classification ruling.
The merchandise under consideration is described as a Linear Door Snubber Assembly, Part Number 99C55480, designed for a Boeing 777 passenger aircraft. The snubber assembly consists of one cylinder, one piston, one lap assembly, one accumulator, two check valves and two relief valves. The body of the unit is made of forged 15-5PH steel. When in use, the snubber limits the opening and closing speed of the passenger door.
You originally classified the linear door snubber assembly in Section XV under subheading 8302.49.6055 Harmonized Tariff Schedule of the United States (HTSUS) which provides for Base metal mountings, fittings and similar article suitable for aircraft, vessels and other vehicles (except motor vehicles) of section XVII. However, you are now proposing classification in Section XVII under 8807.30.0030, HTSUS, which provides for Other parts of airplanes, helicopters or unmanned aircraft… Other. You suggest the change in classification based on Section XV Note 1(g) that states “This section does not cover Assembled railway or tramway track (heading 8608) or other articles of section XVII (vehicles, ships and boats, aircraft)”. We disagree with your proposal. You state the snubber functions to limit the speed of the opening and closing of the aircraft passenger door, therefore it is akin to the exemplars of heading 8302 and can be classified in that heading. Chapter XV Note 2(c) defines goods of heading 8302 as parts of general use. You proposed that instead the snubber assembly is classified Section XVII under subheading 8807.30.0030, HTSUS. However, we direct you to Section XVII, Note 2(b) that states within Section XVII the expressions "parts" and "parts and accessories" do not apply to parts of general use as defined in Note 2 to Section XV, whether or not they are identifiable as for the goods of this section. Because the aircraft snubber can be classified under heading 8302 it is considered a part of general use and is thereby excluded from classification under Section XVII per Section XVII, Note 2(b). We do, however, agree with your original classification determination of this item under heading 8302.
The applicable subheading for the Linear Door Snubber Assembly, Part Number 99C55480 will be 8302.49.6055, HTSUS, which provides for Base metal mountings, fittings and similar articles…: Other mountings, fittings and similar articles, and parts thereof: Other: Other: Of iron or steel, of aluminum or of zinc… Other: For aircraft, vessels and other vehicles (except motor vehicles) of section XVII. The rate of duty will be 5.7 percent ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided at https://hts.usitc.gov/current.
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 Jennifer Jameson at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division