CLA 2:CO:R:C:G 084746 JAS
George R. Tuttle, Esq.
Three Embarcadero Center
Suite 1160
San Francisco, California 94111
RE: Tension Wheels for Garage Door Openers
Dear Mr. Tuttle:
In a letter to you, as counsel for The Banton Corporation, dated May 2, 1989 (083447), we modified a New York ruling, dated December 21, 1988 (834293). The subject of these rulings was certain tension wheels for garage door lifting mechanisms.
Ruling 834293 held these tension wheels to be classifiable as shapes or sections of iron or steel prepared for use in structures, in subheading 7308.90.9090, HTSUSA. Ruling 083447
modified ruling 834293 by holding that the tension wheels were classifiable as other parts suitable for use solely or principally with other lifting machinery.
We have reviewed the matter again and now find that the garage door openers of which the tension wheels are parts are not lifting machinery of the kind described by heading 8428,
Harmonized Tariff Schedule of the United States (HTSUS). Explanatory Notes to heading 84.12, the provision for other engines and motors, describe spring operated or weight operated
motors as ...includ/ing/ mechanisms which, like clockworks, use the energy produced by the release of wound up springs, or which are operated by gravity...The motors of /heading 84.12/,
particularly those of the spring driven type, are used to operate a large variety of apparatus. The evidence of record indicates that the mechanical garage door openers here are spring operated motors of heading 8412, HTSUS, and that the tension wheels in issue are parts used solely or principally with such motors.
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Tension wheels, the subject of New York ruling 834293, are properly classifiable in subheading 8412.90.9080, HTSUSA, as other parts of engines and motors.
New York ruling 834293, dated December 21, 1988, is hereby modified accordingly, under the authority of section 177.9(d), Customs Regulations.
Sincerely,
John Durant, Director
Commercial Rulings Division