CLA-2-84:OT:RR:NC:N1:120

Mr. Jon Weiner
Rolls-Royce North America
2001. S. Tibbs Avenue
Speed Code S36
Indianapolis, IN 46241

RE: The tariff classification of a Chip Detector from United Kingdom

Dear Mr. Weiner:

In your letter dated November 1, 2010, you requested a tariff classification ruling.

The merchandise under consideration is identified as a chip detector. The chip detector is a magnetic inductive sensor that operates in what is referred to as an oil centrifugal (vortex) separator, which is installed on aircraft engines. The chip detector contains a magnetic field, sense coil, magnet and magnetic pole housed in alloy steel. It is attached to an inlet port of a vortex separator.

The centrifugal force created in the vortex separator separates air and metal particles from oil flowing through it. Once separated, air is released through an outlet at the top of the separator. The metal particles are pushed to the outer wall of the separator and float down to a chamber at the bottom of the separator where they are captured by the magnet in the chip detector. The chip detector generates an electrical signal that is sent to a signal conditioner when the captured metal particles meet or exceed a pre-set mass threshold. If the signal conditioner indicates an unacceptable level of the captured metal particles, then an alarm is triggered in the form of a “Debris Monitoring System” (DMS) message, which will be displayed on the screens in the cockpit of the aircraft.

The chip detector is not an integral part of the vortex separator because the vortex separator can serve the separating function without the use of the chip detector. The chip detector is a composite machine, whereby the principal function is an oil filter for internal combustion engines. It contains permanent magnets for the extraction of metal ferrous particles from the oil, thus 8421 would apply.

The applicable subheading for the Chip Detector will be 8421.29.0065, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Filtering or purifying machinery and apparatus, for liquids or gases…: Purifying apparatus for liquids: Other: Other: Other: Other.". The rate of duty will be Free.

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 on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Denise Faingar at (646) 733-3010.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division