HQ 954193: PRD 3501-90-000133; Radio Management Panel (RMP), Device for Selecting Radio Communications and Navigational Frequencies; Subheading 8526.91.00, Radio Navigational Aid Apparatus; Subheading 8529.90.50, Parts of Radio Transmission Apparatus; Parts Certified for Use in Civil Aircraft, Victoria Distributors Inc. v. United States, 57 CCPA 76, 425 F.2d 759; Civil Aircraft Agreement (CAA)

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 954193

                            SEPTEMBER 22 1993

CLA-2:CO:R:C:M   954193 JAS

CATEGORY:   Classification

TARIFF NO.: 8803.30.00

Area Director of Customs
110 S. Fourth Street, Rm. 137
Minneapolis, MN 55401

RE:  PRD 3501-90-000133; Radio Management Panel (RMP), Device
     for Selecting Radio Communications and Navigational
     Frequencies; Subheading 8526.91.00, Radio Navigational Aid
     Apparatus; Subheading 8529.90.50, Parts of Radio
     Transmission Apparatus; Parts Certified for Use in Civil
     Aircraft, Victoria Distributors Inc. v. United States, 57
     CCPA 76, 425 F.2d 759; Civil Aircraft Agreement (CAA)

Dear Sir:

     This is our decision on Application for Further Review of
Protest No. 3501-90-000133, filed against your action in
classifying the Radio Management Panel (RMP) from France used
aboard the Airbus A320.  The entry in issue was liquidated on
March 16, 1990, and this protest timely filed on May 29, 1990.

FACTS:

     The merchandise in issue is the Radio Management Panel (RMP)
which is apparatus that provides centralized frequency selection
for all VHF and HF radio communication systems used for ground-
to-air voice communications between the cockpit and the airport
control tower.  The RMP also permits backup frequency selection
for the radio navigational apparatus in case of primary system
failure.  The RMP does not incorporate transmitting or receiving
apparatus.  The pilot and crew utilize the RMP to select either
voice communication frequencies (VHF) or frequencies used for
radio navigation, either visual omni-range or instrument landing
system.  When the radio navigation frequencies are selected the
A320 receives a directional signal from ground-based radio-
navigational aids.  This assists crewmembers in navigating the
aircraft.

     The RMP was entered under the duty-free provision for other
parts of airplanes or helicopters, in subheading 8803.30.00,
Harmonized Tariff Schedule of the United States (HTSUS).  On the - 2 -

belief that the RMP was part of radio transmitting and receiving
apparatus, you liquidated the entry under the provision for other
parts of such apparatus, in subheading 8529.90.50, HTSUS.  In a
submission dated September 9, 1993, counsel advances several
alternative claims, the primary one being subheading 8529.90.40,
HTSUS, a provision for parts of radio navigational aid or radio
remote control apparatus.

     The provisions under consideration are as follows:

     8529.90.40     Parts suitable for use solely or principally
                    with radio navigational aid or radio remote
                    control apparatus: Assemblies or
                    subassemblies consisting of 2 or more parts
                    or pieces fastened or joined together...
                    Free under the CAA

         *          *           *            *            *

     8529.90.50     Parts suitable for use solely or principally
                    with the apparatus of headings 8525 to 8528:
                    Other...5.9 percent

         *          *           *             *           *

     8803.30.00     Parts of goods of heading 8801 or 8802: Other
                    parts of airplanes or helicopters...Free

ISSUE:

     Whether the RMP is a part for tariff purposes; if so, what
apparatus is it part of?

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.

     The Harmonized Commodity Description And Coding System
Explanatory Notes (ENs) constitute the Customs Cooperation
Council's official interpretation of the Harmonized System. 
While not legally binding on the contracting parties, and
therefore not dispositive, the ENs provide a commentary on the
scope of each heading of the Harmonized System and are thus
useful in ascertaining the classification of merchandise under
the System.  Customs believes the notes should always be
consulted.  See T.D. 89-80.   - 3 -

     Articles of chapter 85 are precluded from classification in
subheading 8803.30.00.  See Section XVII, Note 2(f), HTSUS. 
Therefore, if any of the provisions of chapter 85 apply, the RMP
must be classified there.

     Regarding the claim under subheading 8529.90.40, it must
first be established that the apparatus which utilizes the RMP is
within the scope of heading 8526, a provision covering, among
other things, radio navigational aid apparatus.  There are no ENs
that clarify the scope of heading 8526.  However, at p. 1375 the
following are listed as examples of radio navigational aid
equipment of heading 8526: radio beacons and radio buoys, with
fixed or rotating aerials; receivers, including radio compasses
equipped with multiple aerials or with a directional frame
aerial.   The radio communication/navigational system which
utilizes the RMP is not compellingly analogous to these
apparatus.  Therefore, the "system" is not provided for in
heading 8526.  This eliminates subheading 8529.90.40 from
consideration.

     For subheading 8529.90.50 to apply, the radio communication/
navigational "system" which utilizes the RMP must be apparatus of
any of the headings 8525 to 8528.  

     Relevant ENs at p. 1374 state that heading 8525 encompasses
a group of radio-based apparatus whether or not incorporating
reception apparatus that is used for the transmission of signals
representing speech, messages or still pictures by means of
electro-magnetic waves.  These waves are transmitted through the
upper atmosphere (ether) without any line connection.  The radio
communication function of the "system" appears to meet this
description.  However, we are unable to determine from the
evidence of record whether the "system" performs or augments the
performance of a navigational function that may be appropriate to
navigational instruments and appliances of heading 9014.  For
this reason, we find that the record is inconclusive on whether
the "system" is apparatus of heading 8525.  

     Heading 8626 has previously been eliminated in the
discussion of the claim under subheading 8529.90.40.  Heading
8527 is likewise eliminated because the provision is limited by
its terms to reception apparatus.  The "system" has both
transmitting and receiving capabilities.  Finally, heading 8528
is limited by its terms to television receivers, a provision that
obviously does not apply. 

     For these reasons, we conclude that the radio/navigational
"system" is not apparatus of any of the headings 8525 through and
including 8528.  Therefore, the RMP cannot be a part of heading
8529.  Because no chapter 85 provision has been found to apply,
section XVII, note 2(f), HTSUS, does not operate here to preclude
heading 8803 from consideration.  We further conclude that by its - 4 -

function and design the RMP contributes to the safe and efficient
operation of the Airbus A320, particularly where a radio
navigational signal is being received.  Victoria Distributors
Inc. v. United States, 57 CCPA 76, 425 F.2d 759, and related
cases.  The RMP therefore qualifies as part of an airplane or
aircraft of heading 8802.

HOLDING:

     Under the authority of GRI 1, the Radio Management Panel
(RMP) is provided for in heading 8803.  Actual classification is
in subheading 8803.30.00, HTSUS, as other parts of airplanes or
helicopters.  The rate of duty is free.

     The protest should be allowed.  A copy of this decision
should be attached to the Customs Form 19 and forwarded to the
protestant, through counsel, as part of the notice of action on
the protest.

                              Sincerely,


                              John Durant, Director