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HQ 952879

FEBRUARY 8, 1993

CLA-2:CO:R:C:M 952879 JAS


TARIFF NO.: 8481.10.00, HTSUS

Area Director of Customs
J.F.K. Airport
Building 178
Jamaica, New York 11430

RE: Regulating Valve; Gas Turbojet Engine Part; Subheading 8411.99.90; Section XVI, Note 2, HTSUS; PRD 1001-92-103267

Dear Sir:

This is our decision on Application for Further Review of Protest No. 1001-92-103267, filed on behalf of Hermetic Aircraft, against your action in liquidating an entry of aircraft valves from France.


The article in issue is the 6713B3 high pressure (HP) regulating valve. It functions to regulate pressure buildup in the turbine section of an aircraft jet engine.

The merchandise was entered under the provision for other parts of turbojets, in subheading 8411.99.90, Harmonized Tariff Schedule of the United States (HTSUS), dutiable at the rate of 5 percent ad valorem. Goods classifiable in this provision are eligible for free entry under the Civil Aircraft Agreement (CAA).

The import specialist notes that goods included in any heading of chapter 84 must be classified accordingly, notwithstanding they may also be parts of the same chapter. She liquidated the entry under subheading 8481.10.00, HTSUS, a provision for pressure-reducing valves. Goods so classified do not qualify for free entry under the CAA.


Whether goods may be classified as parts in chapter 84 when they are provided for by name in the same chapter. - 2 -


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.

The valves in issue are believed to be integral, constituent and component parts of turbojet aircraft engines of the type provided for in heading 8411. Goods that are parts of machines of section XVI are classifiable in accordance with legal note 2 of that section. In accordance with note 2(a), parts that are goods included in any of the headings of chapters 84 or 85 (other than headings 8485 and 8548) are in all cases to be classified in their respective headings.

Heading 8481 provides for valves eo nomine, by name. Absent limiting language, or a shown contrary legislative intent, judicial decision, or administrative practice, and without proof of commercial designation, an eo nomine designation will include all forms of the named article. This is the case here.


Under the authority of GRI 1, goods represented by the 6713B3 HP regulating valve are provided for in heading 8481. They are classifiable as pressure-reducing valves, in subheading 8481.10.00, HTSUS.

The protest should be denied. A copy of this decision should be attached to the Customs Form 19, and mailed to the protestant, through his representative, as part of the notice of action on the protest.


John Durant, Director
Commercial Rulings Division

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