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NY J84457

May 30, 2003

CLA-2-84:RR:NC:1:102 J84457


TARIFF NO.: 8483.10.5000, 8483.90.8080

Mr. David M. Schwartz
Thompson Coburn LLP
1909 K Street, N.W. (Suite 600)
Washington, D.C. 20006-1167

RE: The tariff classification of a shaft and disks for turbines from Italy

Dear Mr. Schwartz:

In your letter dated April 30, 2003 you requested a tariff classification ruling on behalf of your client FiatAvio.

The articles in question are described as an LPC STG 0 Disk, part number L24546P05, an LPC STG 1 Disk, part number L24547P03, and an LPC Shaft, part number L44648G02. You indicate that the shaft and disks are imported exclusively for use in the manufacture and operation of an LM6000 aero-derivative turbine. You explain that the parts keep the LPC blades in place during engine operations and transfer movement/power received from the LPT to the rotating LPC parts. The fan disk also transfers the output power of the engine to the fan blades generating thrust. Although descriptive literature on the turbine was submitted, literature specific to the shaft and disks was not made available.

In your request you suggest that the shaft and disks are properly classified as parts of turbines in heading 8411, Harmonized Tariff Schedule of the United States (HTSUS). While we agree the subject articles may be, prima facie, parts of the turbines provided for in HTSUS heading 8411, we note that heading 8411 falls within chapter 84 of the HTSUS. Chapter 84 is in section XVI, HTSUS. Note 2(a) to section XVI provides in relevant part that parts which are goods included in any of the headings of chapter 84 are in all cases to be classified in their respective headings. If the shaft and disks are articles of any other heading of chapter 84, then they cannot be classified as parts in heading 8411, HTSUS.

Based on your explanation of the function performed by the shafts and disks, these parts are essentially machine elements for the transmission of mechanical power and are specifically provided for in HTSUS heading 8483. The Explanatory Notes (EN) to the Harmonized Tariff System relevant to HTSUS heading 8483 explain that the heading covers goods that are internal parts of a machine, used to transmit power to the various parts of the same machine. We find that the shaft and disks in question are articles of HTSUS heading 8483. Accordingly, as required by note 2(a) to HTSUS section XVI, the shaft and disks fall to be classified in heading 8483, rather than heading 8411, HTSUS.

The applicable subheading for the shaft, part number L44648G02, will be 8483.10.5000, HTSUS, which provides for other transmission shafts and cranks. The rate of is free.

The applicable subheading for the disks, part numbers L24546P05 and L24547P03, will be 8483.90.8080, HTSUS, which provides for other transmission elements presented separately. The rate of duty will be 2.8 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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 Kenneth T. Brock at 646-733-3009.


Robert B. Swierupski

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