CLA-2:CO:R:C:M 954990 JAS
Area Director of Customs
110 S. Fourth Street, Rm. 137
Minneapolis, MN 55401
RE: PRD 3501-92-100098; Landing Gear Control and Interface Unit
(LGCIU); Control Device for Raising and Lowering Landing
Gear and Opening Landing Gear Door on Airbus A-320; Control
Device, Controller; Parts of Airplanes or Helicopters,
Subheading 8537.10.00; Civil Aircraft Agreement (CAA);
HQ 087979, HQ 954972
Dear Sir:
This is our decision on Application for Further Review of
Protest No. 3501-92-100098, filed against your action in
classifying certain apparatus that controls the landing gear and
landing gear doors on the Airbus A-320 aircraft. The entry under
protest was liquidated on January 31, 1992, and this protest
timely filed on April 23, 1992.
FACTS:
The Landing Gear Control and Interface Unit (LGCIU),
identified as part no. 664700500A4A, is described in submitted
literature as apparatus that controls the landing gear and
landing gear doors on the A-320 aircraft in accordance with pre-
programmed instructions.
Actuation of control surfaces on aircraft, to include
retractable landing gear, is performed by hydraulic power
transmission usually with high-pressure oil as the working fluid.
The pilot intitates the process through a hand-operated control
lever. This activates the logic memory of the LGCIU which causes
the oil to be released through the "landing gear" and "doors"
selector valves to the door-actuating cylinders. This releases
the mechanical locking devices on these cylinders, allowing the
doors to open and the hatches to uncover. When the doors are
fully opened, pressure in the hydraulic system rises to a point
where a release valve permits oil to flow to cylinders that
release the landing gear. Once airborne, the reverse sequence - 2 -
retracts the landing gear and closes the doors. The LGCIU is
also said to perform certain failure monitoring functions and to
receive information from proximity sensors on the flap disconnect
systems and the cargo door and cargo bay heating systems and
sends this data to other systems. These processes are not
further described. However, there is no indication that the
LGCIU itself uses this information or makes any intellegent
decisions based on this information.
The LGCIU was entered under the duty-free provision for
other parts of airplanes or helicopters, in subheading
8803.30.00, Tariff Schedule of the United States (HTSUS). Citing
HQ 087979, counsel for the protestant proposes an alternative
classification in heading 9014, a provision for navigational
instruments and appliances. This is based on the theory that the
LGCIU enables the A-320 to land; thus, it allows the aircraft to
complete a particular course of navigation. The concerned import
specialist determined that the LGCIU was a switching mechanism
that functions as a control device, and liquidated the entry
under subheading 8537.10.00, HTSUS.
The provisions under consideration are as follows:
8537 Boards, panels and consoles for electric
control or the distribution of electricity:
8537.10.00 For a voltage not exceeding 1,000 V
...5.3 percent
* * * *
8803 Parts of goods of heading 8801 or 8802:
8803.30.00 Other parts of airplanes or helicopters
...Free
* * * *
9014 Other navigational instruments and appliances
9014.20 Instruments and appliances for aeronautical
or space navigation:
9014.20.60 Other: Electrical...Free under CAA
9014.20.80 Other: Other...Free
- 3 -
ISSUE:
Whether the LGCIU is an instrument or appliance of heading
9014; whether it is a control device of heading 8537.
LAW AND ANALYSIS:
Merchandise is classifiable under the Harmonized Tariff
Schedule of the United States (HTSUS) in accordance with the
General Rules of Interpretation (GRIs). GRI 1 states in part
that for legal purposes, classification shall be determined
according to the terms of the headings and any relative section
or chapter notes, and provided the headings or notes do not
require otherwise, according to GRIs 2 through 6.
Initially, the expressions "parts" and "parts and
accessories" do not apply to electrical machinery or equipment of
chapter 85 or to articles of chapter 90. Section XVII, Notes
2(f) and (g), HTSUS. Similarly, articles of chapter 90 are
precluded from section XVI, which includes chapter 85. Section
XVI, Note 1(m), HTSUS. Therefore, if the LGCIU is a good of
heading 9014, it cannot be classified either in heading 8537 or
in heading 8803. If the LGCIU is not a good of heading 9014 but
is a good of heading 8537 it cannot be classified in heading
8803.
The Harmonized Commodity Description And Coding System
Explanatory Notes (ENs) constitute the Customs Cooperation
Council's official interpretation of the Harmonized System.
While not legally binding on the contracting parties, and
therefore not dispositive, the ENs provide a commentary on the
scope of each heading of the Harmonized System and are thus
useful in ascertaining the classification of merchandise under
the System. Customs believes the notes should always be
consulted. See T.D. 89-80.
The claim under heading 9014 is addressed in HQ 954972, the
contents of which are incorporated by reference herein, to
include reference to HQ 087979. In our opinion, the common
meaning of the terms navigate and navigation does not encompass
apparatus that raises and lowers a plane's landing gear and opens
and closes the landing gear doors. This eliminates heading 9014
from consideration.
Regarding heading 8537, relevant ENs under (3) at p. 1391,
indicate that "Programmable controllers" of that heading are
digital apparatus using a programmable memory for the storage of
instructions for implementing specific functions such as logic,
sequencing, timing, counting, and arithmetic, to control, through
digital analog/output modules, various types of machines. A
programmable controller's ultimate purpose is to control output - 4 -
devices. It does this by reading input signals from pushbuttons,
contacts or switches and deciding what the outputs should be,
based on the user's program logic. It then takes the logic-
level signals from the program logic solver and converts them to
output signals which it then sends to output devices such as
solenoids, valves, etc. The available information indicates that
the LGCIU functions in this manner with its principal purpose
being to raise and lower the A-320's landing gear and to open and
close the plane's landing gear doors. HQ 087979, HQ 954972.
This eliminates heading 8803 from consideration.
HOLDING:
Under the authority of GRI 1, the LGCIU is provided for as a
control device of heading 8537. It is classified in subheading
8537.10.00 as liquidated. The protest should be denied.
In accordance with Section 3A(11)(b) of Customs Directive
099 3550-065, dated August 4, 1993, Subject: Revised Protest
Directive, you should mail this decision, together with the
Customs Form 19, to the protestant no later than 60 days from the
date of this letter. Any reliquidation of the entry or entries
in accordance with the decision must be accomplished prior to
mailing the decision. Sixty days from the date of the decision
the Office of Regulations and Rulings will take steps to make the
decision available to Customs personnel via the Customs Rulings
Module in ACS and to the public via the Diskette Subscription
Service, Lexis, the Freedom of Information Act and other public
access channels.
Sincerely,
John Durant, Director
Commercial Rulings Division