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HQ 954101




APRIL 14, 1994

CLA-2:CO:R:C:M 954101 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 Engine in Electric Generating Set; Stranded Wire, Ropes and Cables, Heading 7312; HSC Document 37.700 Annex G/14; HQ 953111, HQ 954102, HQ 954104

Dear Mr. Heck:

In your letter of March 25, 1993, on behalf of Kawasaki Motors Corp., you inquire as to the tariff classification of generator throttle cables from Japan. Drawings were submitted.

FACTS:

The article in question, designated part no. 54012-2472, consists of stranded steel wires that slide inside a hard rubber sleeve, with fittings at both ends. It is a cable that regulates a mechanism which controls the amount of fuel entering the carburetor of a spark-ignition internal combustion piston engine. This engine powers the generator portion of an electric generating set which functions to generate electricity. One end of the cable is attached to the fuel regulating mechanism and the other to a solenoid that reacts to an automatic voltage regulator.

Based on a recent Headquarters ruling, you propose classification as parts of generators, in subheading 8503.00.60, 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

8503.00 Parts suitable for use solely or principally with the machines of heading 8501 or 8502:

8503.00.75 For motors of under 18.65 W...10 percent

8503.00.85 Other...3 percent

ISSUE:

Whether throttle control cables are parts of goods of heading 8502 or 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. - 3 -

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. 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. HQ 954102 and HQ 954104, issued to you on similar cables, are in accord.

HOLDING:

Under the authority of GRI 1, engine throttle cable part no. 54012-2472, 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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