CLA-2:CO:R:C:M 957070 JAS
Mr. Miguel Ruiz
Miami International Forwarders
Sig M. Glukstad, Inc.
P.O. Box 523730
Miami, FL. 33152-3730
RE: Smoke Detection Control Unit (SDCU) for Airbus A-320;
Signal Analyzer/Converter; Apparatus for Sending Warning
Signals from Smoke Detector to Airplane Cockpit; Measuring
and Checking Instrument, Heading 9031; Automatic Data
Processing Machine, Heading 8471; Section XVI, Note 1(m),
HQ 954175, Civil Aircraft Agreement (CAA)
Dear Mr. Ruiz:
In a letter dated September 21, 1994, on behalf of Sextant
Avionique, you ask for reconsideration of a ruling issued to you
on the Smoke Detection and Control Unit (SDCU) from France. You
ask that we consider whether the merchandise might be
classifiable as an automatic data processor.
In NY 885345, dated May 18, 1993, the Area Director of
Customs, New York Seaport, determined that the SDCU was
classifiable in subheading 9022.29.40, Harmonized Tariff Schedule
of the United States (HTSUS), a provision for ionization type
smoke detectors. It was issued on the understanding that the
SDCU and the smoke detectors it interfaced with were being
imported together. NY 885345 does not govern classification of
the SDCU imported separately.
FACTS:
The article in issue is the Smoke Detection Control Unit
(SDCU), part no. RAI 2800, for use aboard the Airbus A-320
aircraft. From literature you submitted, supplemented by
conversations with company representatives, the SDCU is apparatus
that processes signals received from smoke detectors positioned
throughout the plane and relays them to the cockpit. The SDCU
receives an analog signal emitting from a sensor on an activated
smoke detector. The SDCU converts this signal to digital format
then measures it against guidelines programmed into its memory to
determine the severity. The SDCU transmits signals representing
conditions it determines to be moderate to a maintenance log for - 2 -
later evaluation by ground crews. It also transmits these
signals as well as signals representing more severe conditions to
the cockpit where they are displayed. There is no evidence that
the SDCU contains optical elements. It controls no output
devices, nor does it take any independent action regarding the
condition indicated by the smoke detectors.
The provisions under consideration are as follows:
8471 Automatic data processing machines and units
thereof;
8471.10.00 Analog or hybrid automatic data processing
machines...Free (CAA)
* * * *
9031 Measuring or checking instruments, appliances
and machines not specified or included
elsewhere in [chapter 90]:
9031.80.00 Other instruments, appliances and machines
...Free (CAA)
ISSUE:
Whether the SDCU is a measuring or checking instrument of
heading 9031.
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.
Articles of chapter 90 are precluded from classification in
heading 8471. Section XVI, Note 1(m), HTSUS. Therefore,
irrespective of whether the SDCU is a good of heading 8471, if it
is provided for in heading 9031 or any other provision of chapter
90 it must be classified there.
For purposes of heading 9031, instruments or appliances that
estimate or appraise a variable or quantity by comparing it to an
established criterion perform a measuring function. By function
and design, the SDCU performs a measuring function appropriate to
goods of heading 9031. This merchandise is similar to, if
somewhat less sophisticated than, the Systems Data Acquisition
Concentrator (SDAC), which we held to be a measuring instrument - 3 -
of heading 9031. HQ 954175, dated May 25, 1993. Like the SDCU,
the SDAC is used aboard the A-320 Airbus to measure and report
airline systems failures such as loss of cabin pressure or engine
flameout.
HOLDING:
Under the authority of GRI 1, the Smoke Detection Control
Unit (SDCU) is provided for in heading 9031. It is classifiable
in subheading 9031.80.00, HTSUS. Goods classifiable in this
provision are eligible for free entry under the CAA upon
compliance with the law and applicable Customs Regulations.
Sincerely,
John Durant, Director
Commercial Rulings Division