The tariff classification of a spherical bearing assembly for helicopters from England

NY 814640 October 3, 1995 CLA-2-88:R:N1:106 814640 CATEGORY: Classification TARIFF NO.: 8803.10.00 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