CLA-2-84:OT:RR:NC:N2:201
Linda Itani
Howmet Aerospace
926 East Lincolnway
La Porte, IN 46350
RE: The tariff classification and eligibility of aircraft parts under the Agreement on Trade in Civil Aircraft
Agreement (CAA) from the United Kingdom
Dear Ms. Itani:
In your letter dated March 24, 2026, you requested a binding ruling concerning the eligibility for preferential
treatment on unfinished turbine blades for use in a civil aircraft engine from the United Kingdom under
Agreement on Trade on Civil Aircraft (CAA). You state that, after finishing work is performed in the United
States, the items will be re-exported to the United Kingdom.
You provided, for our review, detailed communication sheets, schematic diagrams and outlines from
Rolls-Royce; you further state that the turbine blades presented are specifically designed for use in a Rolls
Royce BR715 civil aircraft engine.
The first item under consideration has been identified as an unfinished turbine blade part number FW75735.
The second item under consideration has been identified as an unfinished turbine blade part number
BRH20081.
At the time of importation into the United States, you state that the blades are:
1. Dimensionally complete but unfinished, as they have not yet received required surface coatings
2. Not yet approved for installation in an aircraft engine at the time of importation; and
3. Identifiable as parts solely and principally used in civil aircraft engines
You express the parts are manufactured in the United Kingdom and are imported into the United States
exclusively for the purpose of undergoing a specialized coating process, then exported back to the United
Kingdom for certification and installation into the engine.
Processing in the United States consists solely of:
1. Application of protective or functional coatings required for aircraft engine performance and durability
2. Associated inspection and quality verification related to the coating process
No additional machining, forming, or dimensional modification is performed in the United States. The
coating operation does not change the essential character of the blades and does not convert the merchandise
into a different article. After completion of all required processing, the blades and vanes will be submitted
for and are expected to receive airworthiness approval from a foreign civil aviation authority whose
approvals are recognized as equivalent.
Upon completion of all processing and certification, the blades will be incorporated into civil aircraft engines
and used exclusively in civil aviation applications. The merchandise is not intended for military use or for
use in non-aircraft applications
The applicable subheading for the unfinished turbine blades, part number FW75735 and BRH20081 will be
8411.91.9085, HTSUS, which provides for “Turbojets, turbo propellers and other gas turbines, and parts
thereof: Parts: Of turbojets or turbo propellers: Other: Parts of aircraft turbines: Other.” The general rate of
duty will be Free.
We note that subheading 8411.91.9085, HTSUS, is a CAA eligible provision. Accordingly, the aircraft part is
eligible for duty-free treatment under the CAA.
The duties cited above are current as of this ruling’s issuance. 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/.
This ruling does not address the applicability of any additional duties, taxes, fees, exactions and/or other
charges, which may apply to the goods discussed herein. This includes, but is not limited to, tariffs and other
duties as provided for in Subchapter III to Chapter 99, HTSUS. Thus, for example, in addition to the
classification stated above, the merchandise covered by this ruling may also need to be reported with either
the Chapter 99 provision under which an additional tariff applies or one of the Chapter 99 provisions
covering exceptions to such tariffs.
For further information to assist with the importation process, please refer to the frequently updated Cargo
Systems Messaging Service (CSMS) messages at
https://www.cbp.gov/trade/automated/cargo-systems-messaging-service and Frequently Asked Questions on
the Trade Remedy/IEEPA page at
https://www.cbp.gov/trade/programs-administration/trade-remedies/IEEPA-FAQ.
The Agreement on Trade in Civil Aircraft was implemented by Title VI, “Civil Aircraft Agreement” of the
Trade Agreements Act of 1979 (Sec. 601, Pub. L. 96-39, 93 Stat. 144, 96th Cong., 1st Sess. 1979), effective
January 1, 1980, and became headnote 3 to schedule 6, part 6, Tariff Schedules of the United States
(“TSUS”). Headnote 3 to schedule 6, part 6, TSUS, became GN 3(c)(iv) when the Harmonized Tariff
Schedule of the United States (“HTSUS”) was enacted, and became GN 6, HTSUS, with minimal changes in
1995. GN 6, HTSUS, was then amended by section 12 of the Miscellaneous Trade and Technical Corrections
Act of 1996, Pub. L. 104-295, 110 Stat. 3514 (Oct. 11, 1996). Subsection (a) of GN 6, HTSUS, provides:
(a) Whenever a product is entered under a provision for which the rate of duty “Free (C)” appears in the
“Special” sub column and a claim for such rate of duty is made, the importer--
(i) shall maintain such supporting documentation as the Secretary of the Treasury may require; and
(ii) shall be deemed to certify that the imported article is a civil aircraft, or has been imported for use in a
civil aircraft and will be so used.
In order to be considered a “civil aircraft” under GN 6(a)(ii), the product must meet the description of “civil
aircraft”, as laid out in GN 6(b)(i), HTSUS:
For purposes of the tariff schedule, the term “civil aircraft” means any aircraft, aircraft engine, or ground
flight simulator (including parts, components, and subassemblies thereof) - -
(A) that is used as original or replacement equipment in the design, development, testing, evaluation,
manufacture, repair, maintenance, rebuilding, modification, or conversion of aircraft; and
(B) (1) that is manufactured or operated pursuant to a certificate issued by the Administrator of the Federal
Aviation Administration under [49 U.S.C. § 44704], or pursuant to the approval of the airworthiness
authority in the country of exportation, if such approval is recognized by the FAA as an acceptable substitute
for such an FAA certificate; . . .
The regulations implementing GN 6, HTSUS, are enumerated in 19 C.F.R. § 10.183, and the documentation
requirements are in subsection 10.183(e). Subsection 10.183(e) provides that each entry claiming duty-free
treatment under GN 6 as “civil aircraft” must be supported by documentation verifying that claim, including
the written order or contract and other evidence. The regulation states that:
Evidence that the merchandise qualifies under the general note includes evidence of compliance with
paragraph (a)(1) of this section concerning use of the merchandise and evidence of compliance with the
airworthiness certification requirement of paragraph (a)(2)(i), (a)(2)(ii), or (a)(2)(iii) of this section,
including, as appropriate in the circumstances, an FAA certification; [and/or] approval of airworthiness by an
airworthiness authority in the country of export and evidence that the FAA recognizes that approval as an
acceptable substitute for an FAA certification. . . .
19 C.F.R. § 10.183(e). The regulation further provides that this documentation does not need to be filed with
the entry, but must be maintained in accordance with the general note and the recordkeeping requirements of
19 C.F.R. Part 163. CBP may also request production at any time to verify the CAA claim. See 19 C.F.R.
§ 10.183(e).
Based on the facts provided, you provided enough evidence to show that the above articles would, at this
time, qualify for duty-free treatment under the Agreement on Trade in Civil Aircraft (“the Agreement”), also
known in the HTSUS as the CAA.
The holding set forth above applies only to the specific factual situation and merchandise description as
identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations
(CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the
information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and
complete in every material respect. In the event that the facts are modified in any way, or if the goods do not
conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and
Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2.
Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic
verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection
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, please contact
National Import Specialist Matthew Sullivan at [email protected].
Sincerely,
(for)
James P. Forkan
Director
National Commodity Specialist Division