CLA-2 RR:TC:MM 960335 HMC
Port Director of Customs
700 Doug Davis Drive
Atlanta, GA 30354
RE: PRD 1704-96-100622; Radome; Subheadings 3926.90.98,
8529.10.40 and 8803.30.00; Section XVI, Note 2; Parts Suitable
for Use Solely or Principally with Radar Apparatus; Other Parts
of Airplanes or Helicopters; United States v. Willoughby Camera
Stores; HQ 957072.
Dear Port Director:
This is our decision on Protest 1704-96-100622, filed
against your classification of radomes, part SM125-4. The
entries under protest were liquidated on September 27, 1996, and
this protest timely filed on November 27, 1996.
FACTS:
The SM125-4 radome is described as a shield manufactured
from advanced thermoplastics, which is used to protect the
antenna of military aircraft. The antenna is mounted on the
outside of the aircraft without any type of protection from the
environment. The McGraw-Hill Encyclopedia describes radomes as a
strong, but electrically transparent, thin shell used to house a
radar antenna, or a space communications antenna of similar
structure. The shell must be large enough not to interfere with
the scanning motion of the antenna. In airborne radar, the
radome prevents the antenna from upsetting the aerodynamic
characteristics of the airplane or missile and protects the
antenna against wind and water damage and blast pressures from
nearby guns. The SM125-4 radome is further described as an inert
piece of equipment that cannot perform any electrical or
mechanical function and that does not have any radar
capabilities.
The merchandise was entered as other parts of airplanes or
helicopters under subheading 8803.30.00 of the Harmonized Tariff
Schedule of the United States (HTSUS). However, the entries were
liquidated under subheading 8529.10.40, HTSUS, as parts suitable
for use with antennas and antenna reflectors of all kinds.
The provisions under consideration are as follows:
3926 Other articles of plastics and articles of
other materials of headings 3901 to 3914:
3926.90 Other:
3926.90.98 Other:...5.3%
* * * *
8529 Parts suitable for use solely or principally
with the apparatus of headings 8525 to 8528:
8529.10 Antennas and antenna reflectors of all
kinds; parts suitable for use therewith:
8529.10.40 Radar, radio navigational aid and
radio remote control...3.9%
* * * *
8803 Parts of goods of heading 8801 or 8802:
8803.30.00 Other parts of airplanes or
helicopters...Free
ISSUE:
Whether the radomes are classifiable as parts of airplanes
under subheading 8803.30.00, HTSUS, as parts of radar under
subheading 8529.10.40, HTSUS, or as other articles of plastics
under subheading 3926.90.98, HTSUS.
LAW AND ANALYSIS:
Merchandise is classifiable under the 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.
It has been held that a part of an article is something that
is an integral, constituent or component part necessary to the
completion of the article with which it is used. See United
States v. Willoughby Camera Stores, 21 C.C.P.A. 322 (1933) and HQ
957072. These decisions focus on the nature and function of the
imported part as it was placed in use with another article.
Accordingly, we must determine whether the radome is an integral,
constituent or component part necessary to the completion of the
radar or aircraft.
The SM125-4 radome is described as a shield manufactured
from advanced thermoplastics, which is used to protect the radar
antenna of military aircraft. The radome is also described as an
inert piece of equipment that cannot perform any electrical or
mechanical function and that does not have any radar
capabilities. We thus find that the radome, which is used as a
protective device, is not indispensable for the radar's
performance. The radome is not necessary to the completion of
the radar, and, as such, is not an integral part without which
the radar could not properly function. Therefore, it is not
classifiable under subheading 8529.10.40, HTSUS.
Similarly, we find that the radome is not necessary to the
completion of the airplane to which it is installed. The radome
will not be used as an essential component without which the
airplane could not fly. Therefore, it is not classifiable under
subheading 8803.30.00, HTSUS. We conclude that the radome is
described in Chapter 39, HTSUS, which includes articles of
plastics. The radome is provided for in heading 3926, HTSUS.
HOLDING:
Under the authority of GRI 1, radomes are provided for in
heading 3926, HTSUS. They are classifiable in subheading
3926.90.98, HTSUS, as "Other articles of plastics and articles of
other materials of headings 3901 to 3914: Other: Other:." The
rate of duty is 5.3%.
This 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, the
Freedom of Information Act and other public access channels.
Sincerely,
John Durant, Director
Tariff Classification Appeals Division