CLA-2-90:OT:RR:NC:N4:405
Dave Adams Spirit Aerosystems, Inc. 3801 S. Oliver Wichita, KS 67210
RE: The tariff classification of a Valve Control Unit from Germany
Dear Mr. Adams:
In your letter dated November 17, 2009, you requested a tariff classification ruling.
The article at issue is a Valve Control Unit (VCU) designed for use in a Boeing 787 Dreamliner aircraft.
In your submission you state, “The Valve Control Unit controls the air pressure inside the airplane for the comfort and safety of the passengers and crew by keeping the cabin air pressure within an acceptable limit at all airplane operating altitudes. The primary function is to regulate the pressure inside the fuselage to the desired value, accounting for changes in the airplane altitude and altitude rate of change.”
You add that the device has a secondary function, which is “[T]o protect the aircraft fuselage against over pressurization (positive pressure) by venting pressure overboard through an outflow valve.” It is apparent from your description that this task is subordinate to the regulation of cabin air pressure described above, which is the device’s principal function.
You suggest classification in HTSUS 9032.89.6050, which provides for Other pressure and draft control instruments. The VCU does meet the criteria to be classified in Heading 9032, as described in Note 7(a) to Chapter 90, in that it is designed to automatically regulate and maintain cabin air pressure, stabilized against disturbances. Nonetheless, the VCU would more accurately be described as a manostat, as illustrated in HS Explanatory Note I-A to 9032. In this note a manostat is described as a pressure regulator that can be used to operate pneumatic valve positioners, or with a valve to regulate the flow, pressure, etc., of liquids or gases.
The applicable subheading for the Valve Control Unit will be 9032.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Manostats. The rate of duty will be 1.7%.
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 J. Sheridan at (646) 733-3012.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division