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The tariff classification of a miniature air launched decoy (MALD) from the US.
Issued February 14, 2011 by U.S. Customs and Border Protection.
Cite this ruling
Copies to clipboardN1 N143657 (February 14, 2011)
Tariff classification
HTS codes: 8802.20.0015
Headings: 8802
Product description
Information and a brochure were included with your request. The device is known as a miniature air launch decoy (MALD) and is designed for use by the military as an unmanned, programmed aircraft. Weighing approximately 250 lbs. (113 kg.) it is designed to be carried under the wing of a bomber or fighter aircraft. When programmed and deployed its design simulates a military aircraft to defense systems and acts as a decoy. It is also capable of carrying small defensive payloads. The device is approximately 112” in length with a maximum wingspan of 67.4”. The fuselage is less than 15” across. It is powered by an onboard turbojet engine and the entire device is designed to be expendable. You suggest that the MALD would be correctly classified as aircraft…:ground flying trainers…: air combat simulators and parts thereof in 8805.21.0000 Harmonized Tariff Schedule of the United States (HTSUS). This is not correct as that heading is for non-flying machines designed to train pilots and crews.
CBP rationale
The applicable subheading for the miniature air launch decoy (MALD) will be 8802.20.0015, HTSUS, which provides for other aircraft…: airplanes and other aircraft,.
Full text
N143657 February 14, 2011 CLA-2-88:OT:RR:NC:N1:106 CATEGORY: Classification TARIFF NO.: 8802.20.0015 Ms. Susan Baron Helming 1151 E. Hermans Rd. Tucson, AZ 85756 RE: The tariff classification of a miniature air launched decoy (MALD) from the US. Dear Ms. Baron Helming: In your letter dated January 17, 2011 you requested a tariff classification ruling. Information and a brochure were included with your request. The device is known as a miniature air launch decoy (MALD) and is designed for use by the military as an unmanned, programmed aircraft. Weighing approximately 250 lbs. (113 kg.) it is designed to be carried under the wing of a bomber or fighter aircraft. When programmed and deployed its design simulates a military aircraft to defense systems and acts as a decoy. It is also capable of carrying small defensive payloads. The device is approximately 112” in length with a maximum wingspan of 67.4”. The fuselage is less than 15” across. It is powered by an onboard turbojet engine and the entire device is designed to be expendable. You suggest that the MALD would be correctly classified as aircraft…:ground flying trainers…: air combat simulators and parts thereof in 8805.21.0000 Harmonized Tariff Schedule of the United States (HTSUS). This is not correct as that heading is for non-flying machines designed to train pilots and crews. The applicable subheading for the miniature air launch decoy (MALD) will be 8802.20.0015, HTSUS, which provides for other aircraft…: airplanes and other aircraft,...: of an unladen weight not exceeding 450 kg. 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 Mark Palasek at (646) 733-3013. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division
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