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HQ 954104


MARCH 10 1994

CLA-2:CO:R:C:M 954104 JAS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8409.91.99

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


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