HQ 954104
MARCH 10 1994
CLA-2:CO:R:C:M 954104 JAS
Mr. Dennis Heck
Tower Group International, Inc.
5420 West 104th. St.
Los Angeles, CA 90045-6069
RE: Throttle Control Cable, Engine Throttle Cable; Cable for
Throttling Fuel in Carburetor of a Motorcycle Engine;
Stranded Wire, Ropes and Cables, Heading 7312; HSC Document
37.700 Annex G/14, HQ 953111
Dear Mr. Heck:
In your letter of March 25, 1993, on behalf of Kawasaki
Motors Corp., you inquire as to the tariff classification of an
engine throttle cable from Japan. Drawings and a sample were
submitted.
FACTS:
The article in question, designated part no. 54012-2507, is
a cable that regulates a mechanism which controls the amount of
fuel entering the carburetor of a 22.6 cc, 0.8 hp. spark-ignition
internal combustion piston-type engine. The sample cable is an
article consisting of stranded steel wires that slides inside a
hard rubber sleeve. The sleeve is articulated, that is, a
threaded metal piece in the center allows the cable to bend.
Both ends of the cable have enlarged metal ferrules to keep the
cable in the sleeve. At one end there is a curved metal sleeve
that is threaded and has a nut.
Based on a recent Headquarters ruling, you propose
classification under the provision for other parts of engines, in
subheading 8409.91.99, Harmonized Tariff Schedule of the United
States (HTSUS). - 2 -
The provisions under consideration are as follows:
7312 Stranded wire, ropes, cables, plaited bands,
slings and the like, of iron or steel, not
electrically insulated:
Ropes, cables and cordage other than stranded
wire:
7312.10.50 Of stainless steel fitted with fittings or made up
into articles...5.7 percent
* * * * *
7312.10.70 Other, fitted with fittings or made up into
articles...5.7 percent
* * * * *
8409 Parts suitable for use solely or principally
with the engines of headings 8407 or 8408:
Other: Suitable for use solely or principally
with spark-ignition internal combustion piston
engines:
8409.91.99 Other...3.1 percent
ISSUE:
Whether throttle control cables are parts of heading 8409.
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 relevant
part that for legal purposes, classification shall be determined
according to the terms of the headings and any relative section
or chapter notes.
HQ 953111, dated January 4, 1993, which you cite, held that
certain automotive control cables, similar in construction to the
ones here, were classifiable in heading 8708 as other parts and
accessories of motor vehicles. HQ 953111 cited and relied on a
recent decision on control cables issued by the Harmonized System
Committee at its 10th. Session. This decision, Document 37.700
Annex G/14, held that certain control cables, by virtue of their
specific length and thickness and special fittings which allowed
them to be used solely in vehicles, had assumed the character of
articles of heading 8708. Relevant Explanatory Notes, at p. - 3 -
1023, exclude from heading 73.12 ropes, cables and the like that
have assumed the character of articles of other headings.
Under the principles of HQ 953111, we consider the engine
throttle cables in issue to be parts for tariff purposes, ones
that are suitable for use solely or principally with spark-
ignition engines of heading 8409.
HOLDING:
Under the authority of GRI 1, engine throttle cable part no.
54012-2507 is provided for in heading 8409. It is classifiable
in subheading 8409.91.99, HTSUS.
Sincerely,
John Durant, Director
Commercial Rulings Division